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HomeMy WebLinkAboutMINUTES - 06052007 - D.3 TO: BOARD OF SUPERVISORS f' Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County Gur'{'t DATE: June 5, 2007 SUBJECT: CONTINUED HEARING ON THE RECOMMENDATION OF THE COUNTY PLANNING COMMISSION TO CONSIDER ADOPTION OF AN AMENDMENT TO THE LAND USE ELEMENT AND CONSERVATION ELEMENT OF THE GENERAL PLAN; AND ADOPTION OF THE FARM STANDS AND FARM MARKETS ORDINANCE. (County Files: GP#06-0005 & ZT#06-0003) (All Districts) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS A. OPEN the hearing; accept testimony related to the proposed General Plan Amendment and the proposed Farm Stands and Farm Markets Ordinance. B. FIND that on the basis .of the whole record before it, including the Initial Study, the Board finds that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative.Declaration reflects the County's independent judgment and analysis. The documents or other material that constitute the record of proceedings upon which the Board's decision is based may be found at the Community Development Department, 651 Pine Street, Martinez, CA. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON O APPROVED AS RECOMMENDED_ l AT-HER ADOPTED the above and DIRECTED there be a review of the ordinance in one year. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND K UNANIMOUS(ABSENT.n on t.-) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Patrick Roche (925)335-1214 ATTESTED U d JOHN CULL LERK OF THE BOARD OF Orig: Community Development Department(CDD) SUPER SAND COUNTY ADMINISTRATOR cc: Ryan Hernandez,CDD County Counsel County Administrator's Office BY Clerk of the Board EPUTY Edward Meyer, County Agricultural Commissioner Members, County Agricultural Advisory Task Force June 5,2007 Board of Supervisors Continued Public Hearing on Farm Stands and Farm Markets Ord.,County Files:GP#06-0005&ZT#06-0003 Page 2 I. RECOMMENDATIONS - continued C. CONSIDER the recommendations of the County Planning Commission as contained in Resolution No. 11-2007. D. FIND that the proposed General Plan Amendment (County File: GP#06-0005) and proposed Ordinance No. 2007-23 (County File: ZT#06-0003) to be consistent with the overall goals and objectives of the Contra Costa County General Plan (2005-2020). E. ADOPT the General Plan Amendment (County File: GP406-0005), which would add language under the Agricultural Core (AC) land use designation in the Land Use Element to specifically include agricultural processing facilities (value-added agricultural uses), farm markets, and temporary events as allowed uses through a Land Use Permit (conditional use) and to add policies to the Agricultural Resources section in the Conservation Element in support of the proposed Farm Stands and Farm Markets Ordinance, as the second consolidated General Plan Amendment for 2007 to the Contra Costa County General Plan (2005-2020), as permitted under state law. F. ADOPT Ordinance No. 2007-23, Farm Stands and Farm Markets Ordinance, which authorizes the establishment of grower stands, farm stands and farm markets in agricultural zoning districts and establishes size and location, sales restrictions, and other regulations for grower stands, farms stands, and farm markets. G. ADOPT the Resolution No. 2007/258 as the basis for the Board's decision. H. DIRECT staff to post a Notice of Determination with the County Clerk. II. FISCAL IMPACT The preparation of the proposed General Plan Amendment and Ordinance are an unfunded mandate and Community Development Department has incurred significant costs in their preparation. III. BACKGROUND / REASONS FOR RECOMMENDATIONS In July of 2005 the Contra Costa County Agricultural Advisory Task Force provided recommendations to the Board of Supervisors proposing significant changes to the regulations of roadside stands. Their report .reflected a general concern among those in the agricultural community that the County's regulations and standards relating to roadside stands were too restrictive, outdated in terms of realities of today's agricultural economy, and may act as a disincentive in promoting and retaining agriculture in Contra Costa County. In accepting this report, the Board authorized the Community Development Department to initiate the required General Plan Amendment and Zoning Text Amendment for review and to consider the Task Force's recommendations. The existing Zoning Code and General Plan permit a farmer or rancher to directly market their agricultural products to the public. However, the direct sale of agricultural products to the public is only allowed at roadside stands for raw products grown on the farmer's premises and is limited in size to 200-400 square feet, depending on the zoning district. Additionally, within the area in East County designated under the General Plan as the Agricultural Core (AC), there are limitations only allowing conditional uses (those permitted under issuance of a land use permit) related to the operation of winery or olive oil mill. 1 June 5,2007 Board of Supervisors Continued Public Hearing on Farm Stands and Farm Markets Ord.,County Files:GP#06-0005&ZT#06.0003 Page 3 IV. BACKGROUND / REASONS FOR RECOMMENDATIONS - continued Proposed Ordinance: The proposed Ordinance that was prepared in response to the recommendations from the County Agricultural Advisory Task Force, and in consultation with the agricultural community, accomplishes three substantial changes to the existing Zoning Code. The first is the establishment of three types of stands, including the grower stand, farm stand, and farm market, and it significantly increases the amount of sales area from 200-400 square feet to 1500 square feet for grower and farm stands, and up to 3500 square feet for the farm market (under a Land Use Permit). The second broadens the range of products allowed to be sold at the farm stand and farm market and it would explicitly allow for the sale of processed, "value added" agricultural products. The third allows grower/farm stands and farm markets to sell products that are grown on or proximate to the site (removing the limitation to the sale of products grown on the premises). See Exhibit No. 1 for the complete text of the proposed Farm Stands and Farm Markets Ordinance (Ordinance No. 2007-23). Proposed General Plan Amendment: The General Plan Amendment involves text changes to the Land Use Element and Conservation Element. The text of the Agricultural Core (AC) land use designation in the Land Use Element would be revised by adding language to include agricultural processing facilities (value-added agricultural uses), farm markets, and temporary events as allowed uses in the AC through a Land Use-Permit (conditional use). In addition, the existing policies for Agricultural Resources under the Conservation Element would be revised to add text for a new definition for "value-added" agricultural products and includes new policy language to explicitly allow and support a farmer or rancher to market agricultural products and value-added products directly to consumers within the unincorporated agricultural areas of Contra Costa County. The new policies are aimed at providing the policy framework for broadening and intensifying the uses allowed in agriculturally designated lands, without over commercializing agricultural areas. See Exhibit No. 2 for the complete text of the proposed General Plan Amendment. COUNTY PLANNING COMMISSION HEARING On April 24, 2007 the County Planning Commission conducted a hearing on the proposed General Plan Amendment and Ordinance Text Amendment. There were three speakers at the hearing. One speaker in full support of the project while the other two are in support with suggested modifications. Written comments were submitted. by. Janet Caprille (Farm Advisor, UC Cooperative Extension, Contra Costa County and Vice Chair, Contra Costa County Agricultural Advisory Task Force) suggesting four changes in the Ordinance. The Commission recommended unanimous approval to the Board of Supervisors and requested that the Board direct staff to consider the comments made by the speakers to see if there are any opportunities to improve the Ordinance in the near future. See Exhibit No. 4, County Planning Commission No. 11-2007. Written Comments Submitted by Janet Caprile at the Commission Hearing: The written comments from Janet Caprile, submitted on April 24, 2007 at the County Planning Commission, discusses four points of the Ordinance (see Exhibit No. 5). Staff has summarized the four points and provided a response to each. Point#1: The requirement for a contiguous sales area is unduly restrictive. It does not recognize that for some operations there is frequently the need for another sales area on remote portions of the properties. There are often small temporary sales areas that move around the property as crops become ripe for U-pick operations, separate from the roadside stand. Since the sales areas cost I June 5,2007 Board of Supervisors Continued Public Hearing on Farm Stands and Farm Markets Ord.,County Files:GP#06-0005&ZT#06-0003 Page 4 IV. BACKGROUND / REASONS FOR RECOMMENDATIONS - continued money to set up and staff, there would not be a tendency to set up more areas than truly needed and the cumulative 1500 square foot limitation on sales area should be sufficient protection of growing grounds. Suggest that the requirement of a contiguous sales area be removed. Response: Staff agrees with this analysis and has incorporated the recommended change into the proposed Ordinance to remove the requirement for a contiguous sales area (refer to Section 88- 20.402 c). Point#2: There should not be a limit to the amount of value added products, local/ grown, that can be sold at a farm stand. It costs money to change raw products to value added products and the ability to recoup these costs through "value added" processing should not then be limited by the percentage of floor area in which they can be sold. Response: The proposed Ordinance would establish three different types of roadside stands all varying in the degree of intensity of use or activity. The proposed Ordinance allows grower stands and farm stands of up to 1500 square feet by right with limited or no review by the County. The extent and nature of the County's review for the grower stand and farm stand corresponds to the allowed intensity and use of these stands. Staff believes that the Farm Stand (medium intensity) limitation up to 40 percent of sales sales area 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, provides an appropriate threshold based on the intensity of use or activity. It enables a grower to set aside up to 600 square feet of additional sales area for such products or items, which is a significant expansion of sales area where none exists today. It should be noted that the proposed Ordinance would not limit someone from selling value added farm products grown on-site or proximate to the site (exclusively or off-season), but once it exceeds the sales area threshold of 40 percent for a Farm Stand it would then be classified as a Farm Market, which requires a Land Use Permit. Point #3: On-site non-commercial signs (e.g. directional, agricultural/grower association, regional marketing, and public information) shall be exempt from the sign requirements in the new Ordinance. Response: The amount of signage for the grower stands, farm stands and farm markets has substantially increased over the course of developing the proposed ordinance to accommodate the various signs and it is a substantial increase over what is presently allowed. It provides for a total display surface area of 128 square feet for on-site commercial signage as requested by the commenter. This is substantially more than can be found in the agricultural zoning districts in neighboring counties. It is also worth noting that it actually provides more signage than the Retail Business (R-B), Neighborhood Business (N-B), and Commercial (C) zoning districts. Staff is concerned with the prospect that exempting certain types of on-site non-commercial signage would become an enforcement problem, or have an unintended result in a clutter of signs with the potential to introduce visual intrusion in the rural, agricultural areas of the County. June 5,2007 Board of Supervisors Continued Public Hearing on Farm Stands and Farm Markets Ord.,County Files:GP#06-0005&Zr#06-0003 Page 5 IV. BACKGROUND / REASONS FOR RECOMMENDATIONS - continued Point#4: Enforcement of the new Ordinance should not begin until after the next growing season to allow farmers a winter season to evaluate the costs and benefits of changing their operations. Response: The proposed ordinance makes a broad range of changes to the zoning regulations for farm stand operations specifically to improve the viability of agriculture in the County. The ordinance will provide the opportunity for existing agricultural operations to significantly expand their sales area, the sales season and the products sold. County staff has expended significant effort over many months developing the proposed ordinance and consulting with the interested groups including the Agricultural Task Force. Although State law does not provide for an effective date which is beyond the 30 days after ordinance adoption, the primary focus of the comment is the concern regarding the enforcement of the new ordinance. The Code Enforcement Division has explained that, should a complaint be filed, their staff works with the property owners to gain compliance. In addition, the Community Development Department is allocating some staff time to be used through the end of the calendar year to assist agricultural property owners who wish to either expand their operations or to otherwise ensure that their existing operations are consistent with the ordinance requirements. Planning staff will be available to provide a few hours of assistance for agricultural property owners answering questions and providing general guidance regarding the options provided by the new ordinance. ORDINANCE NO. 2007-23 GROWER STANDS, FARM STANDS AND FARM MARKETS 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 I. - SUMMARY. This ordinance establishes size and location standards, sales restrictions, and other regulations governing grower stands, farm stands and farm markets in agricultural zoning districts. SECTION II. Chapter 88-20 is added to the County Ordinance Code, to read: Chapter 88-20 AGRICULTURAL FARM STANDS AND FARM MARKETS Article 88-20.2 General Provisions 88-20.202 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 ordinance 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. (Ord. 2007-23 § 2•) 88-20.204 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) "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. (b) "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. ORDINANCE NO. 2007-23 I (c) "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. (d) "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. (e) "Non-agricultural item"means any item offered for sale other than farm products and value-added farm products. (f) "Total sales area"means the total area of all outdoor sales areas and all indoor sales areas. (g) "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. (Ord. 2007-23 § 2.) Article 88-20.4 Standards 88-20.402 General Development Standards. A grower stand, farm stand or farm market shall comply with the following development standards: (a) One grower stand, farm stand, or farm market that complies with the provisions of this chapter may be located on any legal lot in an agricultural district(A-2, A-3, A-4, A-20, A-40, and A-80). Only one grower stand, farm stand, or farm market is allowed per lot. (b) A grower stand, farm stand, or farm market is allowed only if it is accessory to an on-site agricultural operation where farm products are produced. If the lot is used for agriculture as defined in section 82-4.206 of this code but no farm products are produced on-site, then no grower stand, farm stand, or farm market shall be allowed on the lot. (c) Size. (1) 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. (2) The total sales area of a grower stand or farm stand shall not exceed 1,500 square feet. (3) The total sales area of a farm market shall not exceed 3,500 square feet. ORDINANCE NO. 2007-23 2 i (d) A grower stand, farm stand, or farm market shall comply with the height and setback requirements that apply in the zone in which the property is located. (e) Parking. (1) Adequate parking for consumers and employees shall be provided. If a grower stand, farm stand, or farm market consists of a structure, one off-street parking space shall be provided for each 300 square feet of structural floor area, with a minimum of two parking spaces. Each required off-street parking space shall 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. (2) Safe access to and from a public road shall be provided with a durable, dustless surface, such as gravel or a similar permeable surface, or asphalt. A defined point of ingress and egress shall be provided. (3) The parking requirements of chapter 82-16 of this code do not apply to this chapter. (Ord. 2007-23 § 2.) 88-20.404 Signs. (a) One or more on-site commercial signs are allowed on a lot with a grower stand, farm stand or farm market. An"on-site commercial sign" is a sign that directs attention to the business activity conducted or farm products sold or produced on the lot where the grower stand, farm stand or farm market is located. (b) The following on-site commercial signs may be located on a lot with a grower stand, farm stand or farm market: (1) One free-standing on-site commercial sign that does not exceed 25 feet in height or the height of the tallest structure with an indoor sales area,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. ORDINANCE NO. 2007-23 3 (c) The total display surface area of all on-site commercial signs on a lot with a grower stand, farm stand or farm market shall not exceed 128 square feet. (d) No on-site commercial sign shall encroach on any public right of way. (e) No on-site commercial sign shall 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 shall be clean and neatly painted at all times. (g) Any temporary on-site commercial sign shall be removed when not in use. (h) Any on-site commercial sign or signs authorized by this chapter may contain noncommercial copy in lieu of other copy. Nothing in this chapter shall be construed as regulating or restricting the use of noncommercial copy or message on any sign allowed under this section. (i) If a grower stand, farm stand or farm market is lawfully established under the provisions of this chapter, 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 a grower stand, farm stand or farm market. 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 grower stand, farm stand or farm market is located. (k) A variance to the regulations in this section pertaining to sign height, sign area, sign location, or number of signs allowed may be granted if all of the following conditions exist: (1) Because of special circumstances at the property, including lot size, lot shape, topography, location or surroundings, the strict application of this section would deprive the applicant of privileges enjoyed at other properties in the vicinity and in the same land use district. (2) The variance would not constitute a grant of special privilege that is not generally available to other properties in the vicinity and in the same land use district. An application for a variance under this subsection shall be made and decided pursuant to article 26-2.20 of this code. (Ord. 2007-23 § 2.) ORDINANCE NO. 2007-23 4 I 88-20.406 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 ori-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. (d) No petroleum products or tobacco shall be sold or dispensed at any grower stand, farm stand, or farm market. (e) Nothing shall 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. (Ord. 2007-23 § 2.) ORDINANCE NO. 2007-23 5 Article 88-20.6 Permits and Fees 88-20.602 Permits. (a) No permit is required under this chapter for a grower stand that meets the standards contained in this chapter. (b) A permit is required before a farm stand may be established under this chapter. An application to establish a farm stand must be made in writing and contain sufficient information to allow the Community Development Department to determine if the farm stand will meet the standards contained in this chapter. An application for a farm stand permit will be approved ministerially without discretionary review or public hearing. (c) A land use permit is required for a farm market. An application to establish a farm market must contain all of the information required by article 26-2.20 of this code. An application for a land use permit will be decided in accordance with article 26-2.20 of this code. (Ord. 2007-23 § 2.) 88-20.604 Fees. Application, review, and permit fees for farm stands and farm markets will be in amounts established by the Board of Supervisors in the Community Development Department's fee schedule. (Ord. 2007- 23 § 2.) 88-20.606 Other Laws. Grower stands, farm stands, and farm markets 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 a grower stand, faun stand, or farm market under this chapter does not relieve anyone from the obligation to obtain any other permit or license required by this code or state or federal law. (Ord. 2007- 23 § 2.) SECTION III. Section 84-38.402 of the County Ordinance Code is amended to read: 84-38.402 Permitted. Uses permitted in the A-2 district shall be as follows: (1) All types of agriculture, including general farming,wholesale horticulture and floriculture,wholesale nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms,poultry raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses. ORDINANCE NO. 2007-23 6 (2) Other agricultural uses, including the erection and maintenance of buildings for the storage of agricultural products and equipment; sheds; warehouses; granaries; dehydration plants; hullers; fruit and vegetable packing plants; and agricultural cold storage plants on parcels at least ten acres in size. (3) A grower stand or farm stand. (4) A detached single-family dwelling on each parcel and the accessory structures and uses normally auxiliary to it. (5) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons. (6) A family day care home where care, protection and supervision of twelve or fewer children in the provider's own home are provided for periods of less than twenty-four hours per day,while the parents or guardians are away. (7) Residential second units complying with.the provisions of Chapter 82-24. (Ords. 2007- 23 § 3, 2006-19 §4, 94-28 §2, 86-43 §13, 68-25 §2, 1968, 1569, 1555, 1535: prior code § 8156(a): Ord. 1406.) SECTION IV. Section 84-38.404 of the County Ordinance Code is amended to read: 84-38.404 Uses with land use permit. The following uses may be allowed in an A-2 district on the issuance of a land use permit: (1) Home occupations. (2) Publicly owned parks and playground. (3) Dude ranches, riding academies and stables, and dog kennels. (4) Publicly owned buildings and structures, except as provided in Division 82. (5) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices. (6) 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. ORDINANCE NO. 2007-23 7 (7) A family care home where care, protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day, while the parents or guardians are away. (8) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes. (9) Churches, religious institutions, and parochial and private schools, including nursery schools. (10) 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. (11) One additional single family dwelling. (12) Medical and dental offices and medical clinics. (13) Merchandising of agricultural supplies and services incidental to an agricultural use. (14) Wineries, commercial kitchens, or other facilities for creating value-added farm products. (15) Canneries. (16) Slaughterhouses and stockyards. (17) Rendering plants and fertilizer plants or yards. (18) Livestock auction or sales yards. (19) Living accommodations for agricultural workers to be primarily used for temporary housing of agricultural workers while performing seasonal agricultural work on the owner's property. (20) Commercial recreational facilities when the principal use is not in a building. (21) Boat storage areas within one mile by public road of a boat launching facility open to the public. (22) Retail firewood sales. (23) Recycling operations intended to sort or process material for reuse. Junkyards, defined in ORDINANCE NO. 2007-23 8 Section 88-4.206, are prohibited. (24) Museums in which objects of historical, artistic, scientific or cultural importance are preserved and displayed. (25) A farm market. (26) . Agricultural cold storage plants on parcels less than ten acres in size. (Ords. 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 V. Section 84-42.402 of the County Ordinance Code is amended to read: 84-42.402 Uses—Permitted. Uses permitted in the A-4 district shall be as follows: (1) All types of commercial, agricultural production, including general farming, wholesale horticulture and floriculture, livestock production, aviaries, apiaries, forestry and similar agricultural uses, excepting those uses requiring a permit in Section 84-42.404. (2) 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. (3) Residential second units complying with the provisions of Chapter 82-24, provided a land use permit has been obtained pursuant to Section 84-42.404 for the detached single- family dwelling on the parcel. (4) A grower stand or farm stand. (Ords. 2007-23 § 5, 2006-19 §7, 68-54 §1 (part), 1968: prior code §8169(a)). SECTION VI. Section 84-42.404 of the County Ordinance Code is amended to read: 84-42.404 Uses— Requiring land use permit. In the A-4 district the following uses are permitted 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. ORDINANCE NO. 2007-23 9 (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) A home occupation. (5) Wholesale nurseries and greenhouses. (6) Hog ranches. (7) Dairying. (8) Fur farms. (9) Livestock and feed yards. (10) Poultry raising. (11) Commercial fish farming. (12) Wineries, commercial kitchens, or other facilities for creating value-added farm products. (13) Canneries. (14) Living accommodations for agricultural workers employed on the property of the owner. (15) Mushroom houses. (16) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices. (17) Those uses described in Section 51201(e) of Government Code. (18) Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use. (Ords. 2007-23 § 6, 2006-19 §8, 2003-12 §2, 86-61 §3, 84-24 §3, 68-54 §1 (part), 1968: prior code §8169(b).) ORDINANCE NO. 2007-23 10 i SECTION VII. Section 84-80.402 of the County Ordinance Code is amended to read: 84-80.402 Uses—Allowed. The following uses are allowed in the A-20 district: (1) All types of agriculture, including general farming, wholesale horticulture and floriculture, dairying, livestock production and breeding,poultry and grain-fed rodent raising, aviaries, apiaries, forestry, and similar agricultural uses. (2) Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fruit and vegetable packing plants, and buildings for the storage of agricultural products and equipment. (3) A grower stand or farm stand. (4) A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it. (5) Residential second units complying with the provisions of Chapter 82-24. (Ords. 2007- 23 § 7, 2006-19 §10, 79-108). SECTION VIII. Section 84-80.404 of the County Ordinance Code is amended to read: 84-80.404 Uses with land use permit. The following uses are allowable on the issuance of a land use permit: (1) Merchandising of agricultural supplies and services incidental to agricultural use. (2) Wineries, 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) Living accommodations for agricultural workers employed on the premises. ORDINANCE NO. 2007-23 11 (8) Home occupation. (9) Wholesale nurseries and greenhouses. (10) Mushroom houses. (11) Processing of milk not produced on premises. (12) Dude ranches,riding academies, stables, dog kennels. (13) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and animal hospitals. (14) Churches, religious institutions, parochial and private schools, including nursery schools. (15) Community buildings, clubs, activities of a quasi-public, social, fraternal or recreational character. (16) Medical and/or dental offices and clinics. (17) Boat storage area within one mile by public road of apublic boat launching facility. (18) Oil and gas drilling and production including the installation and use of only such equipment necessary and convenient for drilling and extracting operations. (19) Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices. (20) One additional single-family dwelling. (21) Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use. (22) A farm market. (Ords. 2007-23 § 8, 2006-19 §11, 86-61 §4, 84-24 §4, 79-108.) 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 Contra Costa Times, a newspaper published in this County. PASSED on , by the following vote: ORDINANCE NO. 2007-23 12 r 1 AYES: �; n� a, (.� : 1Kema, Qoritlla� C-�a�er ��epd�o NOES: ABSENT: �\( ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors oard Chair. and County Administrator By: [SEAL] uty TLG: HA2007\Community Developmen6ag stand ord-final l.wpd 4 ORDINANCE NO. 2007-23 13 I II G -aS—o7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Adopted this Order on Tuesday, June 5, 2007, by the following vote: AYES: t�—iaa� �i 1i�ois/�� ��h �`Il olJ &IaVe �,r� NOES: ABSENT: ABSTAIN: �- RESOLUTION NO. 2007/258 SUBJECT: COUNTY FILES: GP#06-0005 AND ZT#06-0003 } General Plan Amendment relating to the Land Use Element and } Conservation Element of the County General Plan (2005-2020) } To Establish New Policies Allowing and Supporting Agricultural } Sales and Processing } } Adoption of the Farm Stands and Farm Markets Ordinance } WHEREAS, there is filed with the Board of Supervisors and its Clerk a copy of Resolution No. 11-2007 adopted by the Contra Costa County Planning Commission which discusses and recommends to the Board of Supervisors approval of a General Plan Amendment which would add language under the Agricultural Core (AC) land use designation in the Land Use Element to specifically include agricultural processing facilities (value-added agricultural uses), farm markets, and temporary events as allowed uses through a Land Use Permit and to add policies to the Agricultural Resources section in the Conservation Element (County File: GP# 06-0005) and the approval of the Farm Stands and Farm Markets Ordinance (Ordinance No. 2007-23), which amends text in the Zoning Code by adding Chapter 88-20 to authorize the establishment of grower stands, farm stands, and farm markets in agricultural zoning districts and establish size and location standards, sale restrictions, and other regulations for grower stands, farm stands, and farm markets (County File: ZT #06-0003). WHEREAS, the Board of Supervisors opened the public hearing on Tuesday, May 22, 2007 and continued the hearing to Tuesday, June 5, 2007, on said General Plan Amendment and Farm Stands and Farm Markets Ordinance, as described in Contra Costa County Planning Commission Resolution No. 11-2007. Notice of said hearing was duly given in the manner required by law. The Board at the May 22, 2007 hearing and the continued hearing on June 5, 2007, called for testimony of all persons interested in this matter. WHEREAS, the Board of Supervisors has fully considered the proposed General Plan Amendment and Ordinance as presented in the June 5, 2007 report from the Community Development Director and discussed in Contra Costa County Planning Commission Resolution No. 11-2007, the analysis and recommendations included in the Staff Report and Recommendations to the County Planning Commission, dated April 24, 2007, the Negative Declaration of Environmental Significance and CEQA Initial Study/ Environmental Checklist prepared for this project, and the public testimony and written comments received at or submitted prior to the Board's public hearing on May 22, 2007 and the continued public hearing on June 5, 2007. WHEREAS, the Board of Supervisors finds that the proposed General Plan Amendment and Ordinance No. 2007-23, as presented in the June 5, 2007 report from the Community Development Director, and as recommended in Contra Costa County Planning Commission Resolution No. 11-2007, will further the longstanding goal of the Contra Costa County General Plan (2005-2020) to encourage and enhance agriculture within Contra Costa County and to maintain and promote a healthy and competitive agricultural economy within the County. i �i 3 -oS-d7 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors ("this Board") takes the following actions: 1. ADOPTS the Negative Declaration of Environmental Significance for the General Plan Amendment and Farm Stands and Farm Market Ordinance (County Files: GP#06-0005 and ZT#06-0003); DETERMINES that the project would not result in a significant impact on the environment, that the Initial Study/Environmental Checklist conducted for this project was prepared in accordance with the California Environmental Quality Act, the State CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.), and the County's own CEQA Guidelines (together, "CEQA"), that the CEQA Initial Study/Environmental Checklist prepared for this project is adequate for the Board's actions and that the determination of no significant impact (Negative Declaration) reflects this Board's independent judgment and analysis; and, DIRECTS the Community Development Department to post the Notice of Determination of Negative Declaration of Environmental Significance with the County Clerk. 2. ADOPTS the General Plan Amendment (County File: GP# 06-0005) adding language under the Agricultural Core (AC) land use designation in the Land Use Element to specifically include agricultural processing facilities (value- added agricultural uses), farm markets, and temporary events as allowed uses through a Land Use Permit and adding policies to support the concepts and principles of "value-added" agriculture within the Agricultural Resources section to the Conservation Element, and ADOPTS this General Plan Amendment as the second of four consolidated amendments for 2007 to the mandatory elements of the Contra Costa County General Plan (2005-2020), as permitted by State Planning Law. 3. ADOPTS Ordinance No. 2007-23, the Farm Stands and Farm Markets Ordinance, authorizing the establishment of grower stands, farm stands, and farm markets in agricultural zoning districts and establishing the size and location standards, sale restrictions, and other regulations for grower stands, farm stands, and farm markets. Contact: P. Roche,Advance Planning, CDD(335-1242) 1 hereby certify that the foregoing is a true and correct copy of an action taken and entered on cc: Community Development Department the minutes of the Boar of Supervisors on the CAO date shown. County Counsel ATTESTED: n ullen, Clerk of the Board of upervisors and County Administrator By: Deputy RESOLUTION NO. 2007/258 G:Wdvance Planning\Board Reso 2207-258.doc EXHIBIT NO. 6 STAFF REPORT TO THE COUNTY PLANNING COMMISSION, DATED APRIL 24, 2007 INTENTIONALLY BLANK D.3 6-05-2007 Exhibit O PROPOSED AGMCUL7URAL IEARM 37ANIDS ]FARM MARKE7 OlL I 1LLVAlVCE AND o . R-E LA7 EID G E14 ER-A L MAN AMENDMENT (COUNTY FILES: iG]P06-0005 & ZT06-0003) 0 INTENTIONALLY BLANK D.3 6-05-2007 Exhibit Agenda Items # 3 &4 Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY, APRIL 24, 2007 Proposed Zoning Text Amendment and related General Plan Amendment affecting the sale and processing of Farm Products I. INTRODUCTION The project consists of the following related actions: A. New Policies Allowing and Supporting Agricultural Sales and Processing, General Plan Amendment (County File: GP#06-0005): A County-initiated proposal to amend the Land Use Element by revising the text under the Agricultural Core (AC) designation to include agricultural processing facilities, farm markets, and temporary events (pursuant to Chapter 82-44) as allowed uses in the AC through the issuance of a land use permit, and to amend text in the Conservation Element relating to Agricultural Resources by adding a definition for "value-added agricultural products" and to be explicit in allowing and supporting a farmer or rancher to market agricultural products and value-added agricultural products directly to the consumer within the unincorporated agricultural areas of Contra Costa County. B. Zoning Text Amendment Ordinance Establishing Standards and Regulation for Grower Stands, Farm Stands and Farm Markets in Agricultural Zoning Districts (County File: ZT#06-0003) — A proposal to adopt an amendment to the Zoning Ordinance to provide for size and location standards, sales restrictions, and other regulations governing the sale of agricultural products at grower stands, farm stands and farm markets. This includes an amendment of the agricultural zoning districts to allow these uses, as well as commercial . kitchens for the processing of local agricultural products. The proposed General Plan Amendment, the establishment of the Grower Stands, Farm Stands and Farm Markets Ordinance would affect the.Agricultural Lands (AL), Delta Recreation and Resources (DR), and Agricultural Core (AC) designations as described in the Land Use Element and all of the agricultural zoning districts. II. EXECUTIVE SUMMARY The Contra Costa County Code recognizes the right of a farmer or rancher to establish a roadside stand of between 200 and 400 square feet (depending on the agricultural zoning district) for the sale of agricultural products grown or raised on the premises. Many in the agricultural community believe that the Code's regulation of roadside stands is too restrictive in terms of size and its limitation to the sale of products grown on the premises. They believe that the current regulations and standards are outdated and do not reflect the realities of today's agricultural economy, and may act as a disincentive in promoting and retaining agriculture in the County. D.3 6-05-2607 Exhibit The Contra Costa County Agricultural Advisory Task Force submitted a set of recommendations to the County Board of Supervisors proposing significant changes to the regulation of roadside stands. A copy of their report is included as Attachment 5. In response to these concerns, the Board authorized the Community Development Department to undertake a General Plan review and to prepare for their consideration updated roadside regulations for the agricultural zoning districts (refer to Attachment 6). Working with the County's Agricultural Advisory Task Force, which represents a cross-section of agricultural interests, the Community Development Department has prepared a set of updated regulations and standards for roadside stands in the agricultural zoning districts. The General Plan Amendment and the zoning text amendment which is recommended for approval reflects significant discussion, compromise and cooperation from a variety of interests. The Agricultural Advisory Task Force, at their March 22, 2007 meeting, unanimously recommended the adoption of the ordinance with several modifications. These requested modifications have substantially been incorporated into the "final draft ordinance" (refer to Attachment 2) with a few exceptions which are explained Section VIII of this report. III. RECOMMENDATIONS A. FIND that on the basis of the whole record including the Initial Study, that there is no substantial evidence that the project will have a significant effect on the environment, that the Negative Declaration was prepared consistent with the State and County CEQA Guidelines, and that the document reflects the County's independent judgment and analysis. The documents or other material that constitute the record of proceedings upon which the Planning Commission's decision is based may be found at the Community Development Department, 651 Pine Street, Martinez, CA 94553 under the custodian of the project planner, Donna Allen (925) 335-1210. B. FIND that the Negative Declaration is adequate for the project and that the Commission has considered the Negative Declaration prior to making a recommendation. C. RECOMMEND that the Board of Supervisors: 1. ADOPT the General Plan Amendment (County File: GP# 06-0005), as more fully described in Attachment 1, which is a County-initiated proposal to amend the Land Use Element by revising the text under the Agricultural Core (AC) designation to include agricultural processing facilities, farm markets, and temporary events (pursuant to Chapter 82-44) as allowed uses in the AC through the issuance of a land use permit, and to amend the text in the Conservation Element relating to Agricultural Resources by adding a definition for "value-added agricultural products" and to be explicit in allowing and supporting a farmer or rancher to market agricultural products and value-added agricultural products directly to the consumers within the unincorporated agricultural areas. 2. ADOPT the proposed ordinance which adds Chapter 88-20 to the County Code to establish the Growers Stands, Farm Stands and Farm Market Ordinance,. and which amends the General Agricultural (A-2), Agricultural Preserve (A-4), and Exclusive Agricultural Zoning Districts (A-20, A-40 and A-80). 2 D.3 6-05-2007 Exhibit IV. GENERAL INFORMATION AND BACKGROUND A. Board of Supervisors Direction On July 19, 2005 the Board of Supervisors authorized the Community Development Department to initiate a General Plan Amendment study, associated zoning text amendment, and review of the permit process for the purpose of updating roadside stand regulations. This directive included allowing "value-added" uses incidental to agriculture within Agricultural Lands, including the Agricultural Core, as recommended by the County Agricultural Advisory Task Force. B. Current County Regulations Currently the Zoning Ordinance allows roadside stands for the sale of raw products grown on the premises. Stands are limited in size to 200-400 square feet depending on the agricultural district and are required to be set back 25 feet from the property line. The Contra Costa County General Plan (2005-2020) identifies three land use designations in the Land Use Element that are primarily aimed at preserving and protecting land for agricultural use, including: Agricultural Lands (AL), Agricultural. Core (AC), and Delta Recreation and Resources (DR). Both the Agricultural Lands (AL) and Delta Recreation and Resources (DR) designations allow for the processing and sale of most agricultural products through a land use permit process. However, the Agricultural Core (AC) designation has more limitations only allowing conditional uses (those requiring issuance of a land use permit)related to operation of a winery or olive oil mill. The Building Inspection Department requires that any building or structure receive a building permit unless specifically exempt. The Building Code includes requirements to meet sanitary facility, handicapped accessibility and Title 24 energy design regulations. Structures less than 120 square feet in area and used exclusively for storage, fences not over 6 feet in height, moveable cases and counter partitions not over 5 feet 9 inches in height, painting and small (not exceeding 54") window awnings supported by a wall, are exempt from building permit requirements. The Public Works Department requires an encroachment permit for any work done within the public right of way and the payment of applicable fees (traffic and drainage) for buildings constructed. The Department of Agriculture requires that products sold by growers meet minimum quality and maturity requirements and must be sold by weight, volume or count. Products sold from other sources (not the grower) are subject to additional requirements relating to size, pack, container and labeling. The Environmental Health Division of the Health Services Department is responsible for permitting and inspection of individual sewage collection and treatment systems and private water wells. In addition, they administer the California Uniform Retail Food Facilities Law (CURFFL) wherever food is sold at a retail level. This would include any storing, preparing, 3 D.3 6-05-2007 Exhibit serving, manufacturing, packaging, transporting, salvaging or otherwise handling food at a retail level. Produce stands which offer fruits, nuts, vegetables or shell eggs in their raw or natural state are exempt from CURFFL. C. Agricultural Advisory Task Force The Agricultural Advisory Task Force, recognizing that most of the farmers in the County have comparatively small-scale operations and must compete in an economic environment very different from the time when existing roadside stand regulations were originally adopted,recommended the County add three new categories for selling agricultural products. 1. Grower Market (Use Permit): A market for the sale of any raw or processed agricultural products grown in Contra Costa County in a permanent or temporary structure up to 3500 square feet with up to 25% of the floor area used for the sale of non-agricultural products or products not grown in Contra Costa County. 2. Grower Stand (Permitted): A stand of not more than 1500 square feet in all agricultural districts to sell any raw agricultural product grown in the County and any value-added agricultural product not intended for human consumption, and to allow up to 5% of the floor for sale of taxable items or sale of other items that promote or educate the public about agriculture. 3. U-Pick (Permitted): A u-pick operation with a complaint driven administrative review to assure zoning compliance as well as traffic and parking safety. The Task Force also recommended that "value-added" enterprises be allowed on agricultural property. This is a concept that recognizes adding value to raw products by such means as cleaning, freezing, drying, processing, bottling, canning, etc. allowing the farmer or rancher to capture a greater share of each food dollar spent by marketing directly to the consumer. V. CEQA DETERMINATION An Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The study determined that the project would not result in significant environmental impacts. The Negative Declaration was distributed for a 20- day public review period which closed on August 7, 2006. The Negative Declaration including the initial study has been included as Attachment#3. No written comments were received. V1. GENERAL PLAN CONSIDERATIONS Section 65860(a) of the California Government Code requires that a jurisdiction's Zoning Code be consistent with its General Plan. A Zoning Ordinance is consistent with the General Plan where, considering all of its aspects, the ordinance furthers the objectives and policies of the General Plan and does not obstruct their attainment. Therefore, any proposal to amend a jurisdiction's Zoning Ordinance must be determined to be consistent with that jurisdiction's General Plan. 4 D.3 6_05_2007Exhibit Taken together, the proposed General Plan Amendment and Zoning Text Amendment Ordinance would establish clear land use policy direction and zoning standards and regulations related to the sale and processing of agricultural products and value-added agricultural products in furtherance of the General Plan's stated goal "to encourage and enhance agriculture, and maintain and promote a healthy agricultural economy" in Contra Costa County. I VII. STAFF DISCUSSION AND ANALYSIS Contra Costa County has a rich agricultural history. Agriculture contributes millions of dollars to the County's local economy. However, the consolidation of California agriculture, globalization of food production, and increased farming costs, together with expanding urbanization has created significant economic pressure in the agricultural community. It has long been recognized that the retention of agricultural land is tied to the overall economic health of the local agricultural economy. If business for local farmers or ranchers is not strong, the pressure to take agricultural land out of cultivation or grazing and convert the land to other uses increases. Contra Costa County is not immune to such pressures. According to the California Department of Conservation's Farmland Mapping and Monitoring Program, between 1984 and 2004, approximately 35,900 acres of agricultural land throughout Contra Costa County was converted to other uses or taken out of agricultural use. During this time period the annual loss of farmland averaged 1,795 acres. 2 In order to adjust to changing times, the economic health and survival for many farmers and ranchers means changing the way they do business by marketing their products directly to the consumer and adding value to their products. The proposed ordinance is a direct attempt to address challenges faced by farmers and ranchers in the unincorporated area. The ordinance represents a substantial change to the existing land use regulations and standards relating to the sale and processing of agricultural products. Specifically, the proposed ordinance and its companion General Plan Amendment will: • Significantly increase the size of a roadside in all agricultural zoning districts — from 200-400 square feet to 1500 square feet; • Enable a farmer or rancher to establish a Farm Market with a sales area of up to 3500 square feet through a land use permit; • Broaden the range of products allowed for sale including, products in their raw or natural state, products grown proximate to a farm or ranch property (rather than limiting sales to J ust what is grown on the premises), "value-added" products, and limited sale of non- agricultural products; Agricultural Resources Goal 8-G, page 8-23,Conservation Element,Contra Costa County General Plan(2005-2020) 2 The California Department of Conservation's Farmland Mapping and Monitoring Program(FMMP)produces maps and statistical data used for analyzing impacts on California's agricultural resources for each County in the state.Agricultural land is rated according to soil quality and irrigation status;the best quality land is called Prime Farmland.The maps are updated every two years with the use of aerial photographs,a computer mapping system,public review,and field reconnaissance.The state has been compiling this data since 1984. 5 D.3 6-05-2007 Exhibit • Explicitly allow for the direct marketing of products from the farm or ranch to the consumer; • Explicitly allow for the processing and sale of "value-added" products, which means a product "taken from its natural state to an item in a different form through canning, drying, freezing, preserving, fermenting compounding, processing, packing or similar alteration, so as to increase the value of the product" (e_.g., jams and jellies from stone fruit); • Lengthen the potential sales season for stand by broadening the range of products allowed to be sold to include products grown on premises, products from nearby farms, "value-added" products, and a limited amount of non-agricultural products, such that the stand operator may be open for many months during the year rather than the more limited harvest season; • Significantly increase the signage for stands and markets in the agricultural zoning districts; • Establish an efficient permit review process; • Incorporate the principles of"value-added" agricultural within the General Plan; • Allow for the processing and sale of "value-added" products in the Agricultural Core through a land use permit; and, • Allow for nonprofit events covered under the County's Temporary Event ordinance within the Agricultural Core through a land use permit. In preparing the proposed ordinance, the staff met over many months with members of the agricultural community, as well as with other interested agencies and County departments. The Agricultural Advisory Task Force held several meetings during the course of ordinance preparation in order to provide advice and comment. Staff visited several roadside stands to observe their operations. These site visits were supplemented by discussions with individual farmers to gain a better understand their roadside stand business. Finally, the roadside stand regulations from other jurisdictions were also researched. For more on the background research see the Appendices to this report. A. Proposed General Plan Amendment To insure that the ordinance would be consistent with the General Plan, a proposed General Plan Amendment has been prepared. It would amend the Land Use Element by revising the text under the Agricultural Core (AC) land use designation to include agricultural processing facilities, farm markets, and temporary events as allowed uses in the AC through the issuance of a land use permit (conditional use). It would also amend the text in the Conservation Element relating to Agricultural Resources by adding a definition for "value-added agricultural products" and includes policy language to explicitly allow and support a farmer 6 D.3 6-05-2007 Exhibit or rancher to market agricultural products and value-added agricultural products directly to the consumers within the unincorporated agricultural areas of Contra Costa. The proposed text amendments to the Land Use and Conservation elements are more fully described in Attachment #1. B. Draft Ordinance A draft ordinance was circulated for review and comment. The ordinance was also circulated to various County departments, made available to the public in the Martinez and Brentwood County offices, circulated to the widest possible notification list available to the AATF and made available on the County's web site. Responses were received by Edward Meyer, Contra Costa County Agricultural Commissioner, the Contra Costa County Agricultural Advisory Task Force, Cathy Wolfe, Barbara Frantz and Meredith Nunn. See Attachment #7 for the version of the ordinance circulated to the public prior to changes. VIII. COMMENTS AND RESPONSES TO THE DRAFT ORDINANCE The County Agricultural Advisory Task Force formally recommended the approval of the proposed ordinance with some modifications. The County's Agricultural Commissioner was also involved in the ordinance preparation, and included two comments for consideration. These comments were also incorporated in the recommendations of the Task Force. Additional correspondence was received from three members of the public (see Attachment 47). The primary comments have been summarized below along with an explanation of how they were incorporated in the proposed Final Draft Ordinance, or, in certain cases, why requested modifications are not recommended. 1. Contra Costa County Agricultural Advisory Task Force (Task Force): Comment 41: The term "agricultural product" should be changed to `farm product" to avoid confusion and broaden the meaning. The suggested definition of 'farm product" includes any of the following in its raw or natural state: every agricultural, horticultural, viticultural, and vegetable product of the soil, poultry products, livestock products and apiary products. "Farm Product" does not include any livestock,poultry,fish or shellfish. " Response: The term "farm product" has been incorporated into the Final Draft Ordinance with the expanded definition (refer to Section 88-20.2049b). Comment #2: "Grower Stands" should be allowed to sell any `farm product" in its raw or natural state and not be limited to only the sale of`produce". Response: This change has been incorporated into the Final Draft Ordinance providing "Grower Stands" the ability to sell any "farm product" in its raw or natural state (please refer to Section 88-20.406). Comment #3: Grower Stands, Farm Stands, and Farm Markets should not be restricted to the number of structures or sales areas that they can have. 7 D.3 6-05-2007 Exhibit Response: The modification to the limit on the number of structures has been incorporated in the proposed Final Draft Ordinance and the cited language has been eliminated. In this case, the intent was to remove this language prior to the completing the original draft ordinance which was circulated to the public. The revised text is provided in Section 88- 20.402(c) (1). The proposed Final Draft Ordinance requires that the sales area be contiguous. The intent is to ensure that the sales area are consolidated in one location to preserve as much of the prime farmland as possible. Comment #4: There should be no limitation in Farm Stands as to the quantity of value-added products sold if their point of origin is at or near the point of sale. Response: This ordinance allows the sale of products from on-site as well as other local products from nearby farms. This generally would be limited to products generated from within Contra Costa County. This ordinance has been developed in an attempt to assist local farmers and is not intended to allow the range of products found in a typical retail market. If a farmer chooses to utilize a full 1,500 square foot farm stand, the limitation of 40% yields 600 square feet that can be used for the sale of value added farm products. 600 square feet is equivalent to several isles in a major grocery market. The 60%-40% split is a reasonable limitation for most farm stands. Should a grower choose to exceed 600 square feet of area for sale of value-added farm .products an application could be made to establish a farm market where there is no limitation on the percentage of value-added product that may be sold. Sample diagrams are included in Attachment#4. Comment #5: The proposed ordinance should allow gravel or other permeable surface in lieu of asphalt for parking areas. Response: Staff concurs, and this change has been incorporated in the proposed Final Draft Ordinance (refer to Section 88-20.402 (e) (2)). Comment #6: The total square footage of signs on-site should be increased from 50 square feet to 128 square feet. We feel that this is a reasonable compromise between the need of large and small operations, and the size limitation could be tailored to the size of the parcel and/or the amount of road frontage. Response: The requested maximum size limit has been incorporated in the proposed ordinance (refer to Section 88-204.6(c)). This allowance far exceeds what is provided in other zoning districts, and is substantially larger than allowed in neighboring Counties. It is reasonable to assume that the use of this sign "allowance" will be self limiting to a certain extent. However, given the large sign allowance, additional measures (e.g. proper sign maintenance, removal of temporary signs during off season) are appropriate and have been included. Comments #749: On-site signs should not have a three foot height limitation. A more reasonable requirement would be to limit the sign height to lower than the building height or in the absence of a building, limiting the height to 12 to 15 feet. In addition, the 10 square foot limitation for additional signs should be increased, and additional signs should not be included in the square footage limitation. 8 D.3 6-05-2007 Exhibit Response: Staff generally concurs with the comments. The size increase from 50 square feet to 128 square feet should provide a more than sufficient sign allowance. The three foot height limitation on additional signs has been replaced with a twelve feet as requested, and the single sign square footage has been increased from ten to sixteen square feet as suggest by the Task Force. This sixteen square foot limitation applies to additional free standing signs beyond the 64 square foot sign already included. Comment #10: Variances to signage limitations should be allowed. Response: This requested change has been included in the proposed Final Draft Ordinance (refer to Section 88-20.406 (k)). Comment #11: The Task Force is providing a text suggestion to add clarity to the code. Response: The proposed Final Draft Ordinance amends those sections to provide clarity. Comment #12: Vending machines that dispense bottled or canned drinks should not be limited to one machine at a grower stand. Response: The proposed ordinance does not limit the number of vending machines as suggested. A vending machine that can sell bottled or canned beverages was identified in the Ordinance as an exemption because anything other than a vending machine selling packaged food and drink falls under the California Uniform Retail Food Facilities Law (CURFFL) and must be reviewed by the Environmental Health Division, Health Services Department. If an operator wants to sell sodas and water from barrels of ice they would request a Farm Stand and comply with requirements of the Ordinance along with all other applicable laws including CURFFL. Comment #13: Exempt all existing roadside stands from the ministerial permit fees for Farm Stands. We also encourage the County to provide a simple permitting process that can be accomplished in East County. Response: Any stand legally existing prior to adoption of this ordinance would constitute a legal non-conforming use in accordance with Chapter 82-8 of the County Code. A permit would only be required if there was a proposal to expand the size of the sales area or expand the type of product sold. The current regulation, however, only allows produce grown on- site to be sold. Most existing stands are in violation of this regulation. This ordinance is an attempt to address these issues and provide among other things a broader range of products for sale. A review to determine compliance will be necessary. It would be inappropriate for the County to waive fees for any particular group or individual. Staff is working and will continue to work on a simplified process for obtaining permits and will provide enhanced services to farmers with existing stands desiring to bring those stands into conformity. Comment #14: Allow a reasonable grace period for existing stands to explore options and obtain permits after the implementation of this new ordinance. Permit costs need to be kept 9 I D.3 6-05-2007 Exhibit to a minimum and the process should be streamlined. In addition, a general plan amendment needs to be completed. Response: No enforcement actions have been taken during the review and preparation of this ordinance and it is recognized that this ordinance may well become effective at the height of harvest time. The Planning Commission and/or the Board of Supervisors could request Code Enforcement to be sensitive to the harvest season for a limited period of time. 2. Additional Comments Received (those which were not previously addressed as part of the AEricultural Advisory Task Force correspondence): Cathy Wolfe: Comment: The ability to have more than one stand should be allowed. Sales from agricultural properties should be allowed when there is no agricultural operation on site. Response: It is the intent of this ordinance to limit a stand or market to one per parcel and to ensure that the operation is consolidated to one location on the parcel. The suggestion to allow more than one stand with potentially multiple operations on a parcel(s) could conflict with the public interest to assure safe ingress/egress from public roadways. More than one stand in multiple locations could undermine the General Plan policy to preserve and protect prime agricultural soils. It has the potential to introduce greater commercialization within agricultural districts which is contrary to the purpose and intent of the ordinance. Comment: The section prohibiting sales from a motorized vehicle should be omitted. This would impede a grower from selling from a vintage style truck for aesthetic purposes. Response: The section has been modified to clarify the intent that sales may occur from a vehicle if it is owned by the operator of the stand or market, and, therefore, such provision would enable use of a vintage vehicle for sales display. Comment: This entire section (Prohibition of Off-site Commercial Signs) needs to be omitted on the basis of redundancy. Response: This is not redundant, as this section prohibits off-site commercial signs. This ordinance contains all sign regulations that are applicable to stands and markets. This is included to avoid misunderstanding and ensure that the requirements related to signs for stands and markets are clear. Staff recommends that this section remain. Comment: It is not the government's business to determine what percentage of non self- grown produce can be sold at.a citizen's business so long as it is sold in auxiliary to a farming operation. At some times in the season, only one commodity grown on site is available. In order to.have a large variety of product, it may be necessary to stock a large percentage (even up to 90%) of agricultural product that is not grown on the premises. Response: See staff response to Comment #4: Agricultural Advisory Task Force. 10 D.3 6-05-2007 Exhibit Barbara Frantz: Comment: I eventually want to have botanical gardens and to sell the seeds and bulbs of the more exotic plants and would request that 'flowers,plants, bulbs and seeds" be added. Response: See staff response to Comment #1: Agricultural Advisory Task Force for the new definition of "farm product" relative to horticultural operation, because the growing and propagation of plants falls within the category of horticulture. The commenter is making reference to a yet to be defined proposal for large visitor-serving facility that would be a component to a horticultural operation.. This facility would be located in the Agricultural Core and outside the Urban Limit Line. Since it would likely require the extension of urban services (e.g. water and sewer) for the visitor serving aspects of the proposal at this location, it would be inconsistent with General Plan policies (Policy 3-10, Land Use Element and Policy 7-31, Public Facilities/Services Element). Comment: I am confused by the reference in some parts of the ordinance to A-40, but there are no proposed changes to the A-40. Also I would request that Museums be added to A-40 to permit places such as the East Contra Costa County Historical Society. Response: There are no changes necessary for the A-40 and A-80 district provisions. These two districts reference the A-20 district for uses. The commenter's request for a zoning amendment to allow a museum in the A-40 Zoning District is beyond the scope authorized by the Board of Supervisors. Comment: Why are parking spaces 9 feet x 19 feet? Response: This size is the standard parking space utilized by the County throughout all zoning districts. Comment: Signs should be allowed to have an external lighting. Currently numerous signs exist which may be in violation. Response: There is no apparent need for lighting of signs given that operations of the stands. would be during the daytime. In addition, the sign allowance is substantially greater than found in other zoning districts. Comment: There ... does not appear to be a limitation on the operating hours. This would seem more disruptive than lit signs. Response: Hours of operation would be self regulated for Grower Stands and Farm Stands. Hours of operation are based on customer need and demand, which are primarily weekends and late afternoons. Approval of a land use permit for a Farm Market will likely include defined hours of operation. Comment: Must water and soft drinks be distributed only from vending machines rather than from barrels with ice? Is this a health and safety issue? 11 D.3 6-05-2007 Exhibit Response: Yes. It is a health and safety issue because such items are categorized as retail food under CURFFL. Since water and soda are non agricultural products under this ordinance, they would not otherwise be allowed at a Grower Stand except for the specific exemption of sale from a vending machine. IX. SUMMARY: The proposed General Plan and Zoning Ordinance amendments extensively broaden the possibilities for Contra Costa County growers and ranchers to capture more of the food dollar spent. In addition the proposals contained herein fully address the direction from the Board of Supervisors and are substantially similar to the requests of the Contra Costa County Agricultural Advisory Task Force. Attachments: 1. Proposed General Plan Amendment Text 2. Final Planning Commission Draft "Grower Stands, Farm Stands and Farm Markets in Agricultural Zoning Districts Ordinance" 3. Negative Declaration and Environmental Checklist 4. Maps and Diagrams 5. Report to the Board of Supervisors provided by the Agricultural Advisory Task Force 6. Direction from the Board of Supervisors 7. Input Received During Ordinance Preparati6n Appendices 12 D.3 6-05-2007 Exhibit ATTAC'IfWNT 1 PROPOSED GENERAL PLAN AMENDMENT TEXT b DRAFT w 4/24/2007 o CPC HEARING ; 0 0 v PROPOSED GENERAL PLAN AMENDMENT TEXT CHANGE TO THE o- AGRICULTURAL CORE (AC) LAND USE DESIGNATION, AT PAGES 3-24 TO 3-25, CH. 3 LAND USE ELEMENT: NEW TEXT ADDED TO INCLUDE A6RICUL TURAL PROCESSING FACILITIES (VALUE-ADDED A6RICUL TURAL USES), FARM MARKETS, AND TEMPORARY EVENTS AS ALLOWED USES IN AC THROU61-1 A LAND USE PERMIT(CONDITIONAL USE). "(c) Agricultural Core (AC). This designation applies to agricultural lands that are composed primarily of. prime (Class I or II) soils in the Soil Conservation Service Land Use Capability Classifications, which are considered the very best soils for farming a wide variety of crops. Lands designated as Agricultural Core are located in East County outside the ULL to the east, south, and west of the City of Brentwood. Much of the land in this designation is under active cultivation of intensive. row crops, such as tomatoes and other vegetables. A portion of the Agricultural Core lands are included within the 100-year flood zone, as identified by the U.S. Federal Emergency Management Agency (FEMA). The purpose of the Agricultural Core designation is to preserve and protect the farmlands of the County which are the most capable of, and generally used for, the production of food, fiber, and plant materials. Agricultural operations in the Agricultural Core shall, in accordance with Measure C - 1990, be protected by requiring a higher minimum parcel size than the Agricultural Lands designation, to attempt to maintain economically viable, commercial agricultural units. The creation of small uneconomical units will be discouraged by land use controls and by specifically discouraging minor subdivisions and "ranchette" housing development. The uses that are allowed in the Agricultural Core designation are the same as those allowed, without the issuance of a land use permit, in the Agricultural Lands designation, specified above. Except for an agricultural processing - facility, which changes or alters an agricultural product from its natural state into an item for ultimate sale to the consumer, so as to increase the value of the agricultural product (also know as a value-added agricultural product): or, a farm market, which is accessory to an on-site agricultural operation used for direct sale to the consumer of locally grown agricultural products, value-added agricultural products, and a limited amount of non- agricultural items: or, a temporary event pursuant to the County's Temporary Events Ordinance ( County Ord. # 2005-25) h. °-:1 sales wea' none of the uses described as conditional uses in the Proposed Text Changes Red Bold Underline=New Text 5trikethrough=Deleted Text b DRAFT t w 7 4/24/2007 Qo CPC HEARING N Agricultural Lands designation are considered appropriate in the Agricultural o Core designation. A land use permit for the production and direct marketing of � "value-added" agricultural products Lsuch as a winery in conjunction with a planted vineyard, or olive oil mill in conjunction with a planted orchard, including a tasting room and limited retail sales area associated with such uses) or a farm market for the direct sale to the consumer of agricultural products and value-added agricultural products produced on-site or proximate to the site, or a temporary event as defined in Chapter 82-44, County Ordinance Code, Title 8: Zoning), may be issued upon a determination that such facility or use #aoil##es-and their accessory uses structures will not conflict with the.goal of preserving and protecting the prime farmlands in the Agricultural Core. This Plan discourages the placement of public roadways or new utility corridors which would adversely affect the viability of the Agricultural Core if .economically feasible alternatives exist. Residential uses are allowed in the Agricultural Core according to the following standards (in accordance with Measure C - 1990): (1) the maximum permitted residential density shall be one unit per 40 acres; (2) subdivision of land which would create a cluster of "ranchette" housing is inconsistent with this plan; and (3) residential and non-residential uses proposed in areas of special flood hazards, as shown on FEMA maps, shall conform to the requirements of the County Floodplain Management Ordinance (County Ord. #87-45) and the further requirements outlined in the "Delta Recreation and Resources" section (d) (5) below." Proposed Text Changes Red Bold Underline=New Text Strikethrough=Deleted Text it I b ' DRAFT 4/24/2007 0 7 CPC HEARING ti o 0 v PROPOSED GENERAL PLAN AMENDMENT TEXT CHANGE TO AGRICUL TURAL RESOURCE POLICIES, POLICIES ENCOURAGING ECONOMIC VIABILITY OF AGRICULTURE, PAGE 8-24, 8. CONSERVATION ELEMENT: NEW TEXT ADDED TO INCORPORATE "VALUE-ADDED A6RICULTURE" CONCEPT WITHIN POLICIES 8-41 AND 8-44. �- "Policies Encouraging the Economic Viability of Agriculture 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. 8-42. The importance of the agricultural production, processing, and services industry within the County shall be recognized, and agriculture shall be integrated into the County's overall economic development programs. 8-43. The physical and service infrastructure, public and private, which supports agriculture shall be promoted. 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. 8-45. Efforts to assure an adequate, high quality, and fairly priced water supply to irrigated agricultural areas shall be supported. 8-46. Maintenance and reconstruction of Delta levees shall be encouraged to assure the continued availability of valuable agricultural land protected by the existing network of levees and related facilities. 8-47. The County shall ensure that its fiscal policies and practices provide the maximum lawful protection to owners of agricultural lands. 8-48. Farm worker and farm family housing may be permitted in agricultural areas to meet the needs of locally employed transient and permanent farm workers and family farm workers. In addition to the 40-acre minimum parcel size, and preservation agreements, other standards and policies to protect the economic viability of agricultural land shall be established. These may include conservation easements, an agricultural soils trust fund, and agricultural mitigation fees." Proposed Text Changes Red Bold Underline=New Text Strikethrough c Deleted Text 13.3 6-05-2007 Exhibit ATTACHMENT 2 FINAL PLANNING COMMISSION. DRAFT "GROWER STANDS, FARM STANDS AND FARM MARKETS IN AGRICULTURAL ZONING DISTRICTS ORDINANCE" D.3 6-05-2007 Exhibit ORDINANCE NO. 2007- PLANNING COMMISSION DRAFT GROWER STANDS,FARM STANDS AND FARM MARKETS 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 I. SUMMARY. This ordinance establishes size and location standards, sales restrictions, and other regulations governing grower stands, farm stands and farm markets in agricultural zoning districts. SECTION II. Chapter 88-20 is added to the County Ordinance Code, to read: Chapter 88-20 AGRICULTURAL FARM STANDS AND FARM MARKETS Article 88-20.2 General Provisions 88-20.202 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 ordinance 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. (Ord. 2007- § 2.) 007-§ 2) 88-20.204 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) "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. (b) "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. ORDINANCE NO. 2007- DRAFT 1 D.3 6-05-2007 Exhibit (c) "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. (d) "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. (e) "Non-agricultural item"means any item offered for sale other than farm products and value-added farm products. (f) "Total sales area"means the total area of all outdoor sales areas and all indoor sales areas. (g) "Value-added farm product"means a faun 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. (Ord. 2007-_ § 2.) Article 88-20.4 Standards 88-20.402 General Development Standards. A grower stand, farm stand or farm market shall comply with the following development standards: (a) One grower stand, farm stand, or farm market that complies with the provisions of this chapter maybe located on any legal lot in an agricultural district (A-2, A-3, A-4,A-20, A-40, and A-80). Only one grower stand, farm stand, or farm market is allowed per lot. (b) A grower.stand, farm stand, or farm market is allowed only if it is accessory to an on-site agricultural operation where farm products are produced. If the lot is used for agriculture as defined in section 82-4.206 of this code but no farm products are produced on-site, then no grower stand, farm stand, or farm market shall be allowed on the lot. (c) Size. (1) 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. All outdoor sales display areas and structures with an indoor sales area shall be contiguous. (2) The total sales area of a grower stand or farm market shall not exceed 1,500 square feet. ORDINANCE NO. 2007- DRAFT 2 D.3 06-05-2007 Exhibit (3) The total sales area of a farm market shall not exceed 3,500 square feet. (d) A grower stand, farm stand, or farm market shall comply with the height and setback requirements that apply in the zone in which the property is located. (e) Parking. (1) Adequate parking for consumers and employees shall be provided. If a grower stand, farm stand, or farm market consists of a structure, one off-street parking space shall be provided for each 300 square feet of structural floor area, with a minimum of two parking spaces. Each required off-street parking space shall 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. (2) Safe access to and from a public road shall be provided with a durable, dustless surface, such as gravel or a similar permeable surface, or asphalt. A defined point of ingress and egress shall be provided. (3) The parking requirements of chapter 82-16 of this code do not apply to this chapter. (Ord. 2007- § 2.) 88-20.404 Signs. (a) One or more on-site commercial signs are allowed on a lot with a grower stand, farm stand or farm market. An"on-site commercial sign"is a sign that directs attention to the business activity conducted or fano products sold or produced on the lot where the grower stand, farm stand or farm market is located. (b) The following on-site commercial signs may be located on a lot with a grower stand, farm stand or farm market: (1) One free-standing on-site commercial sign that does not exceed 25 feet in height or the height of the tallest structure with an indoor sales area, 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 ORDINANCE NO. 2007- DRAFT 3 D.3 06-05-2007 Exhibit 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 a grower stand, farm stand or farm market shall not exceed 128 square feet. (d) No on-site commercial sign shall encroach on any public right of way. (e) No on-site commercial sign shall 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 shall be clean and neatly painted at all times. (g) Any temporary on-site commercial sign shall be removed when not in use. (h) Any on-site commercial sign or signs authorized by this chapter may contain noncommercial copy in lieu of other copy. Nothing in this chapter shall be construed as regulating or restricting the use of noncommercial copy or message on any sign allowed under this section. (i) If a grower stand, farm stand or farm market is lawfully established under the provisions of this chapter, 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 a grower stand, farm stand or farm market. 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 grower stand, farm stand or farm market is located. (k) A variance to the regulations in this section pertaining to sign height, sign area, sign location, or number of signs allowed may be granted if all of the following conditions exist: (1) Because of special circumstances at the property, including lot size, lot shape, topography, location or surroundings, the strict application of this section would deprive the applicant of privileges enjoyed at other properties in the vicinity and. in the same land use district. (2) The variance would not constitute a grant of special privilege that is not generally available to other properties in the vicinity and in the same land use district. ORDINANCE NO. 2007- DRAFT 4 D.3 06-05-2007Exhibit An application for a variance under this subsection shall be made and decided pursuant to article 26-2.20 of this code. (Ord. 2007- § 2.) 88-20.406 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. (d) No petroleum products or tobacco shall be sold or dispensed at any grower stand, farm stand, or farm market. (e) Nothing shall 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. (Ord. 2007- § 2.) ORDINANCE NO. 2007- DRAFT 5 D.3 06-05-2007 Exhibit Article 88-20.6 Permits and Fees 88-20.602 Permits. (a) No permit is required under this chapter for a grower stand that meets the standards contained in this chapter. (b) A permit is required before a farm stand may be established under this chapter. An application to establish a farm stand must be made in writing and contain sufficient information to allow the Community Development Department to determine if the farm stand will meet the standards contained in this chapter. An application for a farm stand permit will be approved ministerially without discretionary review or public hearing. (c) A land use permit is required for a farm market. An application to establish a farm market must contain all of the information required by article 26-2.20 of this code. An application for a land use permit will be decided in accordance with article 26-2.20 of this code. (Ord. 2007-_ § 2.) 88-20.604 Fees. Application, review, and permit fees for farm stands and farm markets will be in amounts established by the Board of Supervisors in the Community Development Department's fee schedule. (Ord. 2007-_ § 2.) 88-20.606 Other Laws. Grower stands, farm stands, and-farm markets 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 a grower stand, farm stand, or farm market under this chapter does not relieve anyone from the obligation to obtain any other permit or license required by this code or state or federal law. (Ord. 2007-_ § 2.) SECTION III. Section 84-38.402 of the County Ordinance Code is amended to read: 84-38.402 Permitted. Uses permitted in the A-2 district shall be as follows: (1) All types of agriculture,including general farming, wholesale horticulture and floriculture, wholesale nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms,poultry raising, animal breeding, aviaries, apiaries, forestry, and ORDINANCE NO. 2007- DRAFT 6 D.3 06-05-2007 Exhibit similar agricultural uses. (2) Other agricultural uses, including the erection and maintenance of buildings for the storage of agricultural products and equipment; sheds; warehouses; granaries; dehydration plants; hullers; fruit and vegetable packing plants; and agricultural cold storage plants on parcels at least ten acres in size. (3) A grower stand or farm stand. (4) A detached single-family dwelling on each parcel and the accessory structures and uses normally auxiliary to it. (5) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons. (6) A family day care home where care, protection and supervision of twelve or fewer children in the provider's own home are provided for periods of less than twenty-four hours per day, while the parents or guardians are away. (7) Residential second units complying with the provisions of Chapter 82-24. (Ords. 2007- § , 2006-19 §4, 94-28 §2, 86-43 §13, 68-25 §2, 1968, 1569, 1555, 1535:'prior code § 8156(a): Ord. 1406.) SECTION IV.-Section_84-38.404 of the County Ordinance Code is amended to read: 84-38.404 Uses with land use permit. The following uses may be allowed in an A-2 district on the issuance of a land use permit: (1) Home occupations. (2) Publicly owned parks and playground. (3) Dude ranches, riding academies and stables, and dog kennels. (4) Publicly owned buildings and structures, except as provided in Division 82. (5) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices. (6) Wind energy conversion systems. This use is allowed without a land use permit if used ORDINANCE NO. 2007- DRAFT 7 i D.3 06-05-2007 Exhibit only as an accessory to an allowable residential or agricultural use. (7) A family care home where care,protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day, while the parents or guardians are away. (8) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes. (9) Churches, religious institutions, and parochial and private schools, including nursery schools. (10) 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. (11) One additional single family dwelling. (12) Medical and dental offices and medical clinics. (13) Merchandising of agricultural supplies and services incidental to an agricultural use. (14) Wineries, commercial kitchens, or other facilities for creating value-added farm products. (15) Canneries. (16) Slaughterhouses and stockyards. (17) Rendering plants and fertilizer plants or yards. (18) Livestock auction or sales yards. (19) Living accommodations for agricultural workers to be primarily used for temporary housing of agricultural workers while performing seasonal agricultural work on the owner's property. (20) Commercial recreational facilities when the principal use is not in a building. (21) Boat storage areas within one mile by public road of a boat launching facility open to the public. (22) Retail firewood sales. ORDINANCE NO. 2007- DRAFT 8 D.3 06-05-2007 Exhibit (23) Recycling operations intended to sort or process material for reuse. Junkyards, defined in Section 88-4.206, are prohibited. (24) Museums in which objects of historical, artistic, scientific or cultural importance are preserved and displayed. (25) A farm market. (26) Agricultural cold storage plants on parcels less than ten acres in size. (Ords. 2007- § , 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 V. Section 84-42.402 of the County Ordinance Code is amended to read: 84-42.402 Uses—Permitted. Uses permitted in the A-4 district shall be as follows: (1) All types of commercial, agricultural production, including general farming, wholesale horticulture and floriculture, livestock production, aviaries, apiaries, forestry and similar agricultural uses, excepting those uses requiring a permit in Section 84-42.404. (2) 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. (3) Residential second units complying with the provisions of Chapter 82-24,provided a land use permit has been obtained pursuant to Section 84-42.404 for the detached single- family dwelling on the parcel. (4) A grower stand or farm stand. (Ords. 2007- § , 2006-19 §7, 68-54 §1 (part), 1968: prior code §8169(a)). SECTION VI. Section 84-42.404 of the County Ordinance Code is amended to read: 8442.404 Uses—Requiring land use permit. In the A-4 district the following uses are permitted 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 ORDINANCE NO. 2007- DRAFT 9 D.3 06-05-2007 Exhibit 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) A home occupation. (5) Wholesale nurseries and greenhouses. (6) Hog ranches. (7) Dairying. (8) Fur farms. (9) Livestock and feed yards. (10) Poultry raising. (11) Commercial fish farming. (12) Wineries, commercial kitchens, or other facilities for creating value-added farm products. (13) Canneries. (14) Living accommodations for agricultural workers employed on the property of the owner. (15) Mushroom houses. (16) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices. (17) Those uses described in Section 51201(e) of Government Code. (18) Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use. (Ords. 2007- § , 2006-19 §8, 2003-12 §2, 86-61 §3, 84- 24 §3, 68-54 §1 (part), 1968: prior code §8169(b).) ORDINANCE NO. 2007- DRAFT 10 D.3 06-05-2007 Exhibit SECTION VII. Section 84-80.402 of the County Ordinance Code is amended to read: 84-80.402 Uses—Allowed. The following uses are allowed in the A-20 district: (1) All types of agriculture, including general farming,wholesale horticulture and floriculture, dairying, livestock production and breeding, poultry and grain-fed rodent raising, aviaries, apiaries, forestry, and similar agricultural uses. (2) Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fait and vegetable packing plants, and buildings for the storage of agricultural products and equipment. (3) A grower stand or farm stand. (4) A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it. (5) Residential second units complying with the provisions of Chapter 82-24. (Ords. 2007- § , 2006-19 §10, 79-108). SECTION VIII. Section 84-80.404 of the County Ordinance Code is amended to read: 84-80.404 Uses with-land-use-permit. The following uses are allowable on the issuance of a land use permit: (1) Merchandising of agricultural supplies and services incidental to agricultural use. (2) Wineries, 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) Living accommodations for agricultural workers employed on the premises. ORDINANCE NO. 2007- DRAFT 11 D.3 06-05-2007 Exhibit (8) Home occupation. (9) Wholesale nurseries and greenhouses. (10) Mushroom houses. (11) Processing of milk not produced on premises. (12) Dude ranches, riding academies, stables, dog kennels. (13) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and animal hospitals. (14) Churches,religious institutions,parochial and private schools, including nursery schools. (15) Community buildings, clubs, activities of a quasi-public, social, fraternal or recreational character. (16) Medical and/or dental offices and clinics. (17) Boat storage area within one mile by public road of a public boat launching facility. (18) Oil and gas drilling and production including the installation and use of only such equipment necessary and convenient for drilling and extracting operations. (19) Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices. (20) One additional single-family dwelling. (21) Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use. _ (22) A farm market. (Ords. 2007-. § , 2006-19 §11, 86-61 §4, 84-24 §4, 79-108.) 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 Contra Costa Times, a newspaper published in this County. PASSED on by the following vote: ORDINANCE NO. 2007- DRAFT 12 D.3 06-05-2007 Exhibit AYES: NOES: ABSENT: ABSTAIN: . ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy TLG: W 200TCommunity Developmen8ag stand ord-draft6.wpd ORDINANCE NO. 2007- DRAFT 13 D.3 06-05-2007 brhibit ATTACHMENT 3 NEGATIVE DECLARATION AND _ ENVIRONMENTAL CHECKLIST I I l D.3 06-05-2007 Exhibit Environmental Checklist Form 1. Project Title: "Agricultural Farm Stand and Farm Market Ordinance" County Files#GP060005 &#ZT060003 2. Lead Agency Name and Address: Contra Costa County, Community Development Department Administrative Building 651 Pine Street 4°i Floor—North Wing Martinez, CA 94553-1295 3. Contact Person and Phone Number: Donna Allen, Planner Community Development Department Administrative Building 651 Pine Street 2"a Floor—North Wing Martinez, CA 94553-1295 (925)335-1204 4. Project Location: "County Wide" means the entire unincorporated area of Contra.Costa County. 5. Project Sponsor's Name and Address: Contra Costa County Administrative Building 651 Pine Street 2"a Floor—North Wing Martinez, CA 94553-1295 6. General Plan Designation: The General Plan Designations for the affected agricultural areas are various and include, but are not limited to, Agricultural Lands (AL), Agricultural Core (AC), Public/Semi Public (PS), Parks and Recreation (PR), Open Space (OS), Delta Recreation (DR) etc. The agricultural lands affected will primarily have General Plan designations of AL or AC. 7. Zoning: This is a proposed amendment to the Zoning Code affecting all of the Agricultural zones. General Agricultural (A-2), Heavy Agricultural (A-3), Agricultural Preserve (A-4), and the Exclusive Agricultural Districts (A-20, A-40, and A-80). The proposed amendment would regulate farmers. i 7D.3 06-05-2007 Exhibit who would market their products directly to local consumers through Agricultural Farm Stands and Farm Markets in Contra Costa County. 8. Description of Project: Proposed Amendment to the General Plan, (County File #GP060005) — A County initiated proposal to amend the Land Use Element of the Contra Costa County General Plan to provide polices intended to allow farmers to market their products directly to local consumers within the unincorporated agricultural areas of Contra Costa County. Proposed Adoption of a Agricultural Farm Stand & Farm Market Ordinance and Related Text Amendments, (File#ZT060003)—A proposal to adopt an amendment to the County Code that would add provisions and regulation for Farm Stands and Farm Markets. All Agricultural Zoning Districts (A-2, A-3, A-4, A-20, A-40 and A-80) will be modified to include Farm Stands and Farm Markets. Specifically the A-2, A-4 and A-20 zoning districts will be modified to include the farm stands as a permitted use and Farm Markets as a use allowable with the approval of a land use permit. Additionally, the Off Street Parking Ordinance (Section 82-16.016) would be modified to clarify that the number of parking spaces required for some uses are contained elsewhere in the code. 9. Surrounding Land Uses and Setting: This proposed amendment will affect only the agricultural zoning districts, which are located throughout-the.County. Due to the vast tracts of land that.are-zoned for agricultural use and the wide range of areas that these zoning districts are located within, numerous land uses abut these areas, rather than surround the agriculturally zoned parcels. Typically the various land uses which abut agriculturally zoned land include single-family residential,industrial,and commercial uses. 10. Approvals: General Plan Amendment Zoning Text Amendment 11. Other public agencies whose approval is required (e.g. permits, financing, approval, or participation agreement): Not Applicable 2 D.3 06-05-2007Exhibit Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages, Aesthetics _ Agricultural Resources _ Air Quality Biological Resources — Cultural Resources Geology/Soils Hazards &Hazardous Materials _ Hydrology/Water Quality Land Use/Planning Mineral Resources _ Noise Population/Housing Public Services _ Recreation Transportation/Traffic _ Utilities/Service Systems _ Mandatory Findings of Significance 3 'D.3 06-05-2007 Exhibit 4 DETERMINATION On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment,but at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date Donna Allen Project Planner Contra Costa County Community Development Department Si ture Date Ryan Hernandez Senior Planner Contra Costa County Community Development Department D.3 06-05-2007 Exhibit 5 SOURCES In the process of preparing the Checklist and conducting the evaluation, the following references (which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 2nd Floor-North Wing,Martinez) were consulted; 1) Contra Costa County General Plan, (2005-2020) 2) Title 8,Planning and Zoning Ordinance, Contra Costa County 3) Community Development Department Digital Map Library 4) Draft East Contra Costa County Habitat Conservation Plan—June 2005 5) Project Description 6) Bay Area Air Quality Management District CEQA Guidelines, 1999 7) State.of California,Department of Conservation Important Farmland Map, 2002 8) 2004 Hazardous Waste and Substance Sites (Cortese C)List—State of California 9) Agricultural Farm Stands and Farm Markets Ordinance Draft—2006 10) California Department of Forestry and Fire Protection Summary 11) Important Agricultural Lands, Figure 8-2 Contra Costa County General Plan D.3 06-05-2007 Exhibit 6 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact I. AESTHETICS-Would the project: a. Have a substantial adverse effect on a scenic vista? (Source: 1) X b. Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?(Source: 1) X c. Substantially degrade the existing visual character or quality of the site and its surroundings?(Source: 1) X d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?(Source: 5) X SUMMARY:Less than Significant Impact a, b)Amending the Agricultural Districts to allow Farm stands and markets could increase the number of structures allowed on agriculturally zoned land. Many of the scenic ridgelines designated in the County General Plan are located in agriculturally zoned land. However, since Farm stands and markets are only allowed on properties that contain existing productive agricultural uses and are typically located at property frontages,the impact on scenic vistas will be less than significant. c) The implementation of this ordinance amendment would not significantly degrade the existing visual character of agriculturally zoned properties since there is a size limitation to the Farm stands and markets and their regulation will have the potential to improve the agricultural character of the area. d) Although these Farm stands and markets could create a new source of light and potential glare, the size limitation and limitation of only one per agricultural parcel,the impact is considered less than significant. II. AGRICULTURAL RESOURCES a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sources: 1, 7) X b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract?(Sources: 1, 2) X c. hrvolve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use? (Sources: 1, 7) X SUMMARY:Less than Significant Impact D_3 06-05-2007Exhibit 7 Potentially Sig ificant Potentially Unless Less Than Sipificant Mitigation Significant No Impact Incorporated Imoact Impact a,c) According to the State of California Department of Conservation Map of Important Farmland, there are areas of prime agricultural farmland within Contra Costa County. The proposed ordinance amendment would allow for limited loss of prime agricultural land however the purpose and intent of the project is to improve the viability on all agriculturally zoned properties and is therefore less than significant. b) Properties that are currently in a Williamson Act Contract are entitled ( if listed in contract) to have a Produce Stand. A Farm Stand is similar to a Produce Stand which acknowledges that there may be agricultural products which are not "produce" (honey, eggs, etc.). Larger Farm Markets would require approval of a Land Use Permit and those existing contracts would have to be amended prior to approving the Farm Market. Therefore, this would have no impact on existing Williamson Act Contracts. The ordinance amendment would allow for Farm Stands to be permitted in the Agricultural Preserve (A-4) and Exclusive Agricultural (A-20, A-40, A-80) Zoning Districts, but would require the Farm Markets to be incorporated into the Williamson Act Contract. III. AIR QUALITY a. Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 1, 6) X b. Violate any air quality standard or contribute to an existing or projected air quality violation? (Sources: 1, 6) X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed ,quantitative thresholds for ozone precursors)?(Sources: 1, 6) X d. Expose sensitive receptors to substantial pollutant concentrations?(Sources: 1,6) X e. Create objectionable odors affecting a substantial number of people?(Source: 6) X SUMMARY:No Impact a-e) No development or physical changes are enabled with this regulatory action. The zoning code text amendment would not allow development where the current zoning and General Plan do not currently allow agricultural uses and development. The text amendments allow construction of agriculturally related structures which do not modify the standards for clean air as required by the Bay Area Air Management District and are not changed with this new level of review and therefore will not have an adverse affect on air pollution. t D_3 06-05-2007 Exhibit 8 Potentially Sip ificant Potentially Unless Less Than Significant Mitigation Significant No Impact Incomorated Imnac[ Impact IV. BIOLOGICAL RESOURCES—Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service?(Sources: 1, 5) X b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Sources: 1, 5) X c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 5) X d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?(Source: 1) X e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance?(Sources: 1,2) X f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan?(Sources: 1,4) X SUMMARY:Less than Significant Impact a—f) There is no development being proposed, no site disturbance, and no improvements required through the proposed ordinance amendment. The inclusion of additional agricultural structures in agricultural districts is a text amendment and would require adherence to specific development guidelines for structures. located within agricultural districts. The ultimate construction of structures would most likely occur adjacent to roads and have no impact on creeks or federally protected wetlands. V. CULTURAL RE5SOURCES—Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.59 (Source: 6) X D.3 06-05-2007 Exhibit 9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incomorated Inipaci Impact b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sourcex: 1, 5) X c. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?(Sources: 1,5) X d. Disturb any human remains, including those interred outside of formal cemeteries?(Source: 5) X SUMMARY: Less than Significant Impact a—d) The proposal consists of amending the zoning code to allow additional agricultural structures in the agricultural zoning districts. These code changes do not adversely affect historical, archaeological, or other unique features on a collective or individual basis. The adoption of text amendments that would allow Farm stands and markets in agricultural zones changes the development review process. The potential impacts on cultural resources to the extent that they are known on existing agriculturally zoned properties would be speculative. Structures would most likely be located in areas where grading for development or agriculture has already occurred. The proposed text amendments would have a less than significant impact on cultural and historical resources. VI. GEOLOGY AND SOILS—Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. (Sources: 1, 3) X 2. Strong seismic ground shaking?(Source: 1) X 3. Seisrnic-related ground failure, including liquefaction?(Source: 1) X 4. Landslides?(Sources: 1,3) X b. Result in substantial soil erosion or the loss of topsoil? (Sources: 1,5) �, X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Source: 1) X d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1998), creating substantial risks to life or property?(Source: 1) 6 iX e. Have soils incapable of adequately supporting the use D.3 06-05-2007 Exhibit 10 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No ImoacC Incomonned Impact Imoac[ of septic tanks or alternative waste disposal systems where, sewers are not available for the disposal of wastewater?(Source: 1) X SUMMARY:Less than Significant Impact a-e) This project does not propose any construction improvements within the County. As stated previously, the text amendments do provide for new agricultural buildings in agricultural zoning districts. There are areas in the County that are within an Earthquake Fault Zone (formerly known as Alquist Priolo Special Study Zone), and as such structures may have further structural requirements in addition to the proposed design criteria. Some agricultural zoning districts are located in areas the County General Plan has determined to contain certain geologic hazards. However, buildings are required to be in compliance with the California and Uniform Building Codes. VII. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?(Source: 5) X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?(Source: 5) X c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? (Sources: 1, 5) X d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862. and, as a result, would it create a significant hazard to the public or the environment?(Source:8) X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. (Source: 1) X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?(Source: 1) X g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?(Source: 1) X i D.3 06-05-2007 Exhibit 11 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No - Impact Incomorated Impact Inroad h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources:1,10) X SUMMARY: Less than Significant Impact a-h) Text amendments to allow agricultural structures in agricultural zoning districts will not have an adverse affect on hazards and hazardous materials. Permitting Farm stands and markets in agricultural zones could potentially expose these structures to wildland fires. However, because no structures are actually proposed with this project,the impact is less than significant. VIII. HYDROLOGY AND WATER QUALITY—Would the project: a. Violate any water quality standards or waste discharge requirements?(Source: 5) X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table(e.g.,the production rate of.pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?(Source: 5) X c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? (Sources: 3, 5) X d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner that would result in flooding on-or off-site? (Source: 5) X e. Create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 5) X f Otherwise substantially degrade water quality? (Source: 5) X g. Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?(Sources: 1,5) X h. Place within a 100-year flood hazard area structures that would impede or redirect flood flows?(Sources: 1, 3, 5) X 'D.3 06-05-2007Fxhthit 12 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Inroac[ Incomonated Impact [nroact . i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of levee or dam? (Sources: 1) X j. Inundation by seiche, tsunami, or mudflow? (Source: 1) X SUMMARY:Less than Significant Impact a-f) Typically, agricultural zoning districts are not connected to a water service provider but are supplied through water wells. Well water is regulated by the Environmental Health Division of the County Health Services Department. Before a structure that uses water could be permitted on properties where water is supplied by a well, the appropriate standards for water pressure would have to be reviewed for adequacy. This is considered a less than significant impact. g-j) The amendments to the zoning code would allow agricultural structures in agricultural zoning districts: Some agricultural zoning districts are located within Flood Zone A (100-year flood hazard). Prior to a building permit being issued in Flood Zone A, the structure would be subject to the Floodplain Management Ordinance. These amendments do not modify the standards for.water quality and are not changed with this new level of review and therefore will not have an adverse affect on Hydrology. IX. LAND USE AND PLANNING—Would the project: a. Physically divide an established community? (Sources: 1,3,4) X b. Conflict with any applicable land use plan, policy, or the regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1,2) X C. Conflict with any applicable habitat conservation plan or natural community conservation plan?(Source: 1) X SUMMARY:No Impact a) The regulatory proposal would not physically divide a community. b) The proposal no only involves amending the agricultural zoning districts but also involves refining General Plan Policies in support of theses amended zoning regulations. Agricultural zoning districts are located within various General Plan Designations and are intended to encourage the viable agricultural use of those lands. Farm Markets and Stands to sell farm product is appropriate in these agriculturally zoned areas. c) The County has not yet adopted any Habitat Conservation Plan and therefore the proposed text amendment is not in conflict with any conservation plan. D.3 06-05-2007Exhibit 13 Potentially Significant Potentially Unless Less Than significant Mitigation significant No Mime Incorporated Impact Impact X. MINERAL RESOURCES—Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?(Source: 1) X b. Result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (Source: l) X SUMMARY: No Impact a—b) Although mineral resources are located within agricultural zoning districts, General Plan Policies regarding mineral resources do not permit land uses that are inherently incompatible with mining. XI. NOISE—Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?(Sources: 1, 5) X b. Exposure of persons to, or generation of, excessive ground borne vibration or ground borne noise levels? (Source: 5) X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Source: 5) X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?(Source: 5) X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Source: 1) X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?(Source: 1) X SUMMARY:No Impact a-f) There is no development being proposed, no site disturbance, and no improvements required through the proposed ordinance amendment. The inclusion of Farm stands and markets in the agricultural districts is a text amendment that will require adherence to specific `development guidelines within the agricultural districts. There is no evidence to suggest that amending the zoning code will expose persons to excessive noise levels. D.3 06-05-2007 Exhibit 14 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. POPULATION AND HOUSING—Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?(Source: 5) X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?(Source: 5) X c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Source: 5) X SUMMARY:Less than Significant Impact a) Allowing Farm stands and markets in agriculturally zoned properties will improve the viability of the agricultural uses and lessen pressures for conversion of agricultural land to residential and other urban land use. It—c) Permitting Farm stands and markets in agriculturally zoned properties will not displace any existing housing or substantial numbers of people. There is no increase in the demand for housing by allowing Farm stands and markets in agricultural zoning districts. XIII. PUBLIC SERVICES a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities, the construction of which could cause -significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for-any of the public services? (Source: 5) 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks? X 5. Other public facilities? X SUMMARY:Less than Significant Impact a-(1-5) Farm stands and markets can only be established on properties where there are existing agricultural uses. These properties already have public services provided and have no impact on schools or parks. The zoning code changes contain increased regulations that further lessen the demand for certain public services. D.3 06-05-2007 Exhibit 15 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incomorated Imnact Invact XIV. RECREATION a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?(Source: 5) X b. Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?(Source: 5) X SUMMARY:Less than Significant Impact a—b) Permitting Farm stands and markets in agriculturally zoned properties will not have any substantial impact on park or recreational facilities. There is no increase in the demand for recreational uses by allowing Farm stands and markets in agricultural zoning districts. XV. TRANSPORTATION/TRAFFIC—Would the project: a. Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? (Sources: 1, 5) X b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1,5) X c. Result in a change in air traffic patterns, including eitheran increase in traffic levels or a change in location that results in substantial safety risks? X (Sources: 1, 5) d. Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses(e.g. farm equipment)?(Source: 5) X e. Result in inadequate emergency access?(Source:9) X f Result in inadequate parking capacity?(Sources: 2,5) X g. Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)?(Sources: 1) X SUMMARY:Less than Significant Impact a—g) There is no change to traffic or transportation being proposed with this project as no development is proposed by these code amendments. The regulatory amendments will not change existing D.3 06-05-2007 Exhibit 16 Potentially significant Potentially Unless Less Than Significant Mitigation significant No Impact Incorporated Impact Impact traffic patterns. This project allows Farm stands and markets in agricultural zoning districts, and requires .compliance with regulations which will improve parking and vehicular safety. This project will not conflict with any policies,related to traffic and transportation;but the project does have the potential to create additional traffic, and therefore will result in less than significant impacts to roads and traffic. XVI. UTILITIES AND SERVICE SYSTEMS—Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source: 5) X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?(Source: 5) X c. Require or result in the construction of new storm water drainage facilities, the construction of which could cause significant environmental effects? (Source: 5) X d. Have sufficient water supplies available serve the project from existing entitlements and resources, or are new or expanded entitlements needed?(Source: 5) X e. Result in a determination by the wastewater treatment provider_that_serxes_or_may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Source: 5) X f. Be served by a landfill with sufficient permitted capacity to accommodate the project's waste disposal needs?(Sources:1, 5) X g. Comply with federal, state and local statutes and regulations related to solid waste?(Source: 1) X SUMMARY:Less than Significant Impact a-g) Allowing Farm stands and markets in agricultural zoning districts may potentially increase the need for additional water and wastewater treatment facilities, however those services may not involve the increase in demand from service utility providers or districts, but rather requiring additional water wells and larger septic systems. If it has been determined that the property where these Farm stands and markets are proposed cannot adequately provide these necessary services the use would not be permitted. This potential for an increase in providing certain utility services to Farm stands and markets is a less than significant impact. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining D.3 06-05-2007 Exhibit 17 Potentially sip»ficant Potentially Unless Less Than significant Mitigation Significant No Impact Incorporated Impact Impact levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have impacts that are individually limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X SUMMARY: Less than Significant Impact a-c) There is no development being proposed by these zoning code amendments. The proposed ordinance changes to allow Farm stands and markets in agricultural zoning districts would allow for development and may cumulatively have 'the potential to degrade the quality of the environment, but at a less than significant level. These code changes would allow for additional review and regulation that would reduce these effects to a less than significant level. The new ordinance amendments, if approved, will require compliance with an established set of development standards for all parcels agriculturally zoned within the County. Again, the regulatory changes would not have significant effects on human beings either directly or indirectly. a / r D.3 06-05-2007 Exhibit Q_ tJ �• �� --�� x Via, ,y � h / 5 St Wo to mw- At � 2eE z a -_ 5 s�� � 8 afl"'"••• S a zo i qq r S_ R 'mct6 a a F � 'FS. f c f(�.� �` 9#• ,�F � gg 2 Ct o iii 9 ¢ 3 c n� ¢ fJ a w0 a - 5 0 .1 Z�O 00 Q `c Page bA w o s-22 I U.3 06-05-2007 Exhibit Cl a D.3 06-05-2007 Exhibit ATTACHMENT 5 REPORT TO THE BOARD OF SUPERVISORS PROVIDED BY THE AGRICULTURAL ADVISORY TASK FORCE I D.3 06-05-2007 Exhibit CONTRA COSTA COUNTY MAR 2 9 2005 MORSCULTURALADVISORY TASK FORCE CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. February 17, 2005 Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Dear Chairwoman Gayle B. Uilkema and Board Members: A little more than a year ago, we responded to your request to deal with promoting CCCo. Agriculture by recommending and by establishing Standards by which Wineries be established in CCCo. Since that time 6 wineries have applied for new licenses. Now we are responding to another one of your concerns by dealing with improving roadside stands and adding value to CCCo. Agricultural Products. As the Chair of the Contra Costa County Agricultural Advisory Task Force, I am writing on behalf of the Task Force to urge the Board of Supervisors to initiate actions necessary to improve the economic viability of farmers and ranchers in Contra Costa County. As more fully described in-the attached report-and recommendations, the Task Force has studied the matter of roadside stand regulations in Contra Costa County. Based on our study of this matter, we are recommending that regulations, as contained in both the County General Plan and County Zoning Ordinance Code, be updated to accommodate the changing marketplace for agriculture in Contra Costa County. Most of the farmers and ranchers in Contra Costa County operate comparatively small-scale operations and must compete and survive in a rapidly changing agricultural economy. Across the United States small-scale farmers have been able to survive and thrive by capturing a greater share of each food dollar spent by consumers by marketing directly to the consumer and by establishing "value-added" agricultural enterprises on their property. Through "value- added" enterprises, a farmer adds value to their raw product by such means as cleaning, freezing, drying, processing, bottling, canning, etc. The essence of this value-added concept is to enable the farmer to convert an agricultural product they have grown into an item that then can be sold directly to the consumer. We are recommending that certain regulations be updated to enable Contra Costa farmers and ranchers to directly market their products to local consumers and visitors and to encourage the establishment of new agricultural enterprises based upon the "value-added" concept. We are respectfully requesting the Board of Supervisors to authorize the Community Development Department to initiate a General Plan Amendment Study, an associated zoning ordinance amendment, and permit review process that would focus on three areas of concern: D:3 06-05-2007 Exhibit 1. Expand Direct Marketing By Updating Roadside Stand Regulations Expand the ability of farmers and ranchers to directly market their products by updating the regulations that govern roadside sales in agricultural zoning districts. These changes would establish within the County's agricultural zoning districts three new and separate roadside sales categories: Grower Markets, Grower Stands, and U-Pick Operations. The new Growers Markets category,would allow through a conditional use permit in all agricultural zoning districts the sale of any raw agricultural product grown in Contra Costa County or any processed agricultural product grown in Contra Costa County in a permanent or temporary structure up to 3500 square feet of floor area. Additionally, up to 25% of the floor area would be allowed for the sale of non-valued added products, taxable items, and/or agricultural products not grown in Contra Costa County. Subject to compliance with health and safety code requirements prepared foods and snacks would be allowed for sale. The new Growers Stand category would permit the establishment of a roadside stand of not more than 1500 square, either permanent or temporary, in all agricultural zoning districts for the purpose selling any raw agricultural product grown in Contra Costa County and any value-added agricultural product made from Contra Costa County grown products but not intended for human consumption. It would also allow up to 5% of the floor area to be used for the sale of taxable items, sale of prepackaged beverages dispensed from a refrigerator or vending machine, and sale of other items that promote the sale of agricultural products or educate the public about agriculture. U-pick operations would continue to be permitted in all agricultural zoning districts. This proposal only requests that an Administrative Review procedure be instituted for a u-pick operation based on complaints. This review would be aimed at assuring that u-pick customers can park safely off-street without causing safety problems in terms of entry and exit on to the roadway, and that the u-pick . operation meets the appropriate property set back requirements. 2. Encourage Value-Added Agricultural Enterprise Acknowledge the concept of value-added agricultural enterprises in the General Plan and Zoning Code. This recommendation specifically involves amending the text for Agricultural Core designation in the Land Use Element to allow through a conditional use permit the operation of commercial kitchens and other small-scale processing facilities, such as those that involve canning, drying, freezing, or packaging agricultural products. 3. Improve The Permitting Process 2 i D.3 06-05-2007 Exhibit Focus on improving the permitting process for agricultural uses by forming an interdepartmental team, comprised of the Community Development, Building Inspection, Environmental Heath Division — Health Services, and the Agriculture Commissioner, to review, identify obstacles, devise solutions and generally facilitate the permit process for agricultural uses and structures in Contra Costa County. Since agriculture revolves around growing seasons, it is vital that permits for agricultural uses and structures be processed in a timely, expeditious . manner so that the farmer or rancher will not miss an opportunity to bring their product.to market. The Task Force believes that improving the economic viability of agriculture in Contra Costa County depends in part on updating the County's roadside stand regulations and expanding the opportunities for agricultural enterprises based on the value-added concept. Thank you for your consideration of this matter. 4Si rs, Tom Powers Chair, Contra Costa County Agricultural Advisory Task Force Attachment(1) Contra Costa County Agricultural Advisory Task Force Report and Recommendations,2/17/2005 3 D.3 06-05-2007 Exhibit CONTRA COSTA COUNTY AGRICULTURAL ADVISORY TASK FORCE IMPROVING THE ECONOMIC VIABILITY OF FARMERS IN CONTRA COSTA COUNTY: UPDATING ROADSIDE STAND REGULATIONS AND ALLOWING VALUE-ADDED AGRICULTURAL OPERATIONS IN THE COUNTY'S AGRICULTURAL CORE REPORT AND RECOMMENDATIONS TO CONTRA COSTA COUNTY BOARD OF SUPERVISORS AS APPROVED ON FEBRUARY 17, 2005 I D.3 06-05-2007 Exhibit BACKGROUND Eastern Contra Costa County (CCC) is one of California's most productive farming regions, producing agricultural products valued at more than $100 million dollars and contributing more than $300 million dollars to Contra Costa County's annual economy. Agriculture provides Contra Costa citizens with jobs, open space and a source of fresh, local food, as well as intangible historical, cultural and community benefits. However, Contra Costa County farmers are struggling to survive economically due to the consolidation of California agriculture, globalization of food production, and increased costs. Between 1997 and 2000, the prices California farmers received for the food they grow dropped 7%, while their costs rose 19%. According to the 2002 USDA Agricultural Census, 94% of Contra Costa farmers met the federal definition of"small farmers" with gross produce sales of less than $250,000. The average net profit realized by Contra Costa farmers in 2002 was $41,868. Consequently, despite efforts to preserve prime agricultural land through zoning and conservation easements, the number of farms in Contra Costa County has dropped 25% in the past 5 years. Between 1997 and 2000 Contra Costa County lost 4,381 acres of farmland and ranked fourth among counties in California in the loss of agricultural land to urban use. Innovative small scale farmers throughout the United States are successfully capturing a greater share of each food dollar through packaging, processing, marketing, direct sales and other"value- added ventures on their farms. Through "value-added" enterprises, farmers add value to their crops by cleaning, freezing, drying,processing, and preserving their crops. For instance, crops can be converted into jams,jellies, salsa, pies and baked goods, soaps, dried herb wreaths and other high-value items created from their raw agricultural products. A recent survey of California farmers indicates that selling directly to consumers provides farmers-with four times the net profit than they would receive from marketing their produce conventionally. Labor intensive direct marketing and value-added production provide additional community benefits, creating jobs, stimulating the agricultural economy, rebuilding local agriculture infrastructure and keeping food dollars in the County. An overview of the value-added concept and examples of local value-added enterprises are included in Attachment 1. Contra Costa farmers have a successful history of direct marketing through roadside stands and U- pick operations. The proximity to Bay Area markets and the rapidly expanding populations in East County offer tremendous economic opportunities for Contra Costa farmers. Expanding direct marketing and adding value to raw produce have long been recommended by the USDA, UC Cooperative Extension and other experts in small-scale farming to help small farmers maintain economic viability. Many of these agricultural enterprises require limited retail and processing facilities on agricultural land. Current Contra Costa County zoning for the agricultural districts needs to be updated to accommodate the changing marketplace and allow a greater range of economic opportunities for Contra Costa farmers. Local suburban and nearby Bay Area populations are increasingly demanding local agricultural products, and creating new opportunities for local farmers to capture nearby urban markets with value-added agricultural enterprises would contribute to a vibrant agricultural economy.in Contra Costa County. 1 D.3 06-05-2007 Exhibit ISSUES During the summer of 2004, the Contra Costa County(CCC) Agricultural Advisory Task Force conducted a survey of local growers to determine the nature and extent of constraints that limit agricultural viability in the county. This was done in response to a variety of problems brought to the attention of the Task Force by local growers, Harvest Time (a CCC direct marketing grower's association), and the Agriculture Enterprise Committee of the Brentwood Agricultural Land Trust. The survey identified several regulatory constraints that limit agricultural viability and direct marketing opportunities. These include: • Limits on the size of Roadside Stands: The current county zoning code allows all agricultural properties to have a roadside stand by right but limits the size of the stand to a maximum of 200 - 400 sq. ft., depending on the zoning district: These roadside stand limits were widely recognized by survey respondents as too small to offer the volume and variety of produce needed to meet the needs of the modern consumer. With dual income families and long commutes, customer purchases have changed in recent years from larger volume, single commodity purchases for home canning to smaller,multiple commodity purchases for weekly consumption. These tiny stands cannot successfully compete with the variety and convenience offered by the many new supermarkets built within a 5-10 minute drive of the Agricultural Core. Other counties have amended their zoning to allow larger roadside stand facilities so that local farmers can satisfy the needs of their suburban neighbors. • Limits on products which can be sold at Roadside Stands: The current zoning code only allows for the sale of raw agricultural products that are grown on the same property as the roadside stand. This restriction limits the volume and variety of produce necessary to attract customers for regular visits. Growers cannot legally sell products for neighboring farmers who may not have the volume, resources, time or location to operate their own stand. Many growers farm more than one parcel and must operate a separate stand for each parcel. A proliferation of many, small, limited product stands are neither convenient for consumers nor feasible for farmers. Additionally, the code does not recognize the concept of value-added agricultural products (jams,jellies, fruit pies, wreaths, olive oil, honey, soaps, seasoned nuts, dried fruit, etc) that allow the farmer to preserve their product, extend their season, increase product variety and ultimately to improve their economic viability. Finally, the code does not allow the sale of bottled water or other drinks necessary during high summer temperatures, especially at U-pick operations where customers may be in the hot sun for long periods. • No Conditional Use Permits are allowed in the Agricultural Core: New language was added in the 1991 General Plan update that prohibited all conditional uses in the Agricultural Core. Conditional uses are allowed by pen-nit in all other agricultural zoning districts. The intent was to preserve prime agricultural land for farming rather than for farm related activities. This blanket ban on conditional uses has unduly restricted even small scale agricultural enterprises that would have minimal impact on the land resource but would increase the economic viability of productive agriculture on these prime agricultural lands. For example, the current restrictions do not allow for small scale processing facilities in the Agricultural Core (such as commercial kitchens or freezing, drying, packaging, culturing facilities) that add value to raw agricultural products. Current restrictions do not allow for the sale of small quantities of products not grown on the roadside stand property that would advance the sale of agricultural products or educate the public about agriculture. Expanding these opportunities would help to preserve the productive use of agricultural lands by facilitating a more vibrant agricultural economy. 2 D.3 06-05-2007 Exhibit • Permit requirements for roadside stands are not clear or standardized. Several agencies have rules and regulations that govern the construction and operation of roadside stands. Depending on the stand size and level of activity, these may include the CCC Departments of Community Development, Building Inspection, Agriculture, and Environmental Health. Each of these departments has their own, sometimes complex code, that they are responsible for enforcing. An overview of each department's responsibilities and governing codes are included in Attachment 2. The survey revealed there is a perception that the requirements of one department may conflict with those of another, leaving the applicant unsure as to how to proceed. There is an additional perception that some requirements are subject to interpretation by agency staff and that the codes are unevenly applied for similar projects. Since there are fewer agricultural permit requests than urban/suburban requests staff may not be as familiar with agricultural operations and requirements. • Traffic Safety: The rapid urbanization of East County has led to excessive commuter traffic on narrow rural roads. This has made it difficult for farmers to move equipment to their different properties safely. It has also made it difficult for customers to safely turn into and out of roadside stands located on roads that have become quite busy(such as Walnut Blvd., Concord Ave., Sellers Ave., and Marsh Creek Rd.). It is no longer safe for customers to park along the now very busy rural roadways to visit roadside stands as they have done in the past. RECOMMENDATIONS The CCC Agricultural Advisory Task Force has reviewed each of the issues outlined above and proposes the following to address these concerns. We request that the Board of Supervisors direct the Community Development Department to initiate a General Plan Amendment Study, an associated zoning ordinance amendment, and a permit review process that would: I. Expand opportunities for direct marketing by updating regulations to provide workable, clear, land use and related regulatory processes that allow farmers and ranchers in Contra Costa County to directly market to local consumers and tourists. These new regulations are intended to promote the sale of CCC farm produce and related goods. They are not intended to encourage the proliferation of retail stores or convenience markets in agricultural districts. They would establish three separate categories for roadside sales that would be allowed in all agricultural zoning districts: Grower Stands, Grower Markets, and U-Pick Operations. A. Grower Stands: Grower stands are similar to currently defined roadside stand operations in that the stand must be an accessory to the grower's agricultural operation and is allowed by right. The current Code should be updated to include: i. Physical requirements: The sales area cannot exceed 1500 square feet in size. Structures may be permanent or temporary depending on the grower's needs. Any building greater than 120 sq. ft. will require a building permit, as directed by current code. Electricity would be allowed. Stands should have adequate parking, safe exit and entry, and conform to property set back requirements. Inadequate provision for parking, ingress, egress or set back requirements will trigger an Administrative Review by the Community Development, Public Works or other appropriate Department. The Administrative Review would 3 D.3 06-05-2007 Exhibit require an appropriate fee and the submission of a corrective site plan for approval that includes the owner's name, address, stand parcel number, map showing buildings, parking, ingress, egress, and setbacks from rights-of-way. ii. Products sold: Any raw agricultural product grown in CCC can be sold at these stands. In addition, any value-added agricultural product made from CCC grown products and not for human consumption (soap, wreaths, etc.) may be sold at these stands. This will help to increase product variety, extend the season, encourage the sale of local products, and assist farmers in marketing their products. Additionally, 5 % of the floor area may be used to sell taxable items that are not grown in Contra Costa County. This includes prepackaged beverages dispensed from a refrigerator or vending machine and other items which promote the sale of agriculture products or educate the public about agriculture. All food products sold at the Grower Stand will be subject to the regulations set forth in the CA Health and Safety Code (see Attachment 2). B. Grower Market: This new Grower Market category allows for a larger floor area and/or a larger diversity of product sales but must still be accessory to the grower's agricultural operation. Grower Markets would be subject to approval through a Conditional Use Permit. New regulations should include: i. Physical requirements: The floor area cannot exceed 3500 square feet in size. Structures may be permanent or temporary depending on the grower's needs. Any building greater than 120 sq. ft. will require a building permit, as directed by current code. Electricity would be allowed. Off street parking of one space for every 300 sq. ft. of sales area would be required. A site plan (including the owner's name, address,parcel number, map showing buildings, parking, ingress, egress, and setbacks from rights-of-way)must be submitted and approved as part of the Conditional Use Permit process to assure adequate parking, safe exit and entry, and conformity to property set back requirements. ii. Products sold: Any raw agricultural product grown in CCC can be sold at these markets. Any processed or value added product grown in CCC can be sold. In addition, a seasonal average of up to 25% of the floor area can be used for the sale of non-value added, taxable items and/or farm products which are not grown in CCC. In addition to agricultural products grown outside CCC, Grower Markets may sell drinks, prepared foods, snacks, ice, craft items, antiques, canning supplies and other items related to agriculture that advance the sale of agricultural products or educate the public about agriculture. No petroleum products, magazines, tobacco or alcoholic beverages (except wine grown in CCC with the proper permit) may be sold at a Grower Market. All value-added and processed foods will be subject to the regulations set forth in the CA Health and Safety Code (see Attachment 2). C. U-pick operations: U-pick operations are allowed by the existing code but must provide customers with adequate parking, safe exit and entry, and conform to property set back requirements. Inadequate provision for parking, ingress, egress or set back requirements will trigger an Administrative Review by the Community Development Department. The Administrative Review would require an appropriate fee and the 4 i D.3 06-05-2007Ezhihit submission of a corrective site plan for approval that includes the owner's name, address, parcel number, map showing buildings, parking, ingress, egress, and setbacks from rights-of-way. The storage and operational area of the U-pick portion of any operation that is combined with a Grower Stand or Grower Market will not be included in the floor area calculation of the Grower Stand or Grower Market. II. Encourage Agricultural Enterprises. A. Conditional Use permits: Amend the CCC General Plan to allow conditional use permits to be issued in the Agricultural Core as they are in other agricultural zoning districts. The permit process should limit agricultural operations to those that are incidental to the grower's primary agricultural operations and are appropriate in size and nature to preserve the prime farmland of the Agricultural Core. Appropriate uses to be allowed under permit in the Agricultural Core can include, but are not limited to: i. Grower Markets, as defined above. ii. Commercial kitchens and other small-scale processing facilities including but not limited to: the canning, drying, freezing, or packaging of agricultural produce primarily grown in Contra Costa County. These facilities would be subject to the regulations set forth in the California Health and Safety Code (see Attachment 2) B. Agricultural Permit Streamlining. The Task Force recommends that the Board of Supervisors direct the County Community Development Department to assemble a committee composed of representatives from the CCC Departments of Community Development, Agriculture, Environmental Health, and Building Inspection. The purpose of this committee would be to review, identify obstacles, devise solutions and facilitate the permitting process for Grower Stands, Grower Markets and other agricultural enterprises. This facilitation may include but not be limited to: • The development of a single form that could address the needs of all the permitting agencies/departments and replace the multiple forms currently required by each agency. • A user-friendly flow chart of the regulatory requirements for Grower Stands, Grower Markets and other agricultural enterprises. • A committee review of permits that are exceeding the expected processing time to discover and alleviate impediments to timely and efficient permit processing. Attachments 1. "Value-Added"Agriculture Concepts 2. Summary of current County requirements re: Roadside Stands 3. Flowchart comparing existing requirements with proposed changes G:Wdvance Planning�adv planUg Task ioae\MS Gen Plan h and Tda 5 D.3 06-05-2007 Exhibit Va,lu"dded the, State., 1 •� a vet lly� ,;, ��. _. k S 25�r I ' Ill A0 r"��.Y..o:';' 30�, -az''• I��� �� p � '' ���.�i OUT: � M;.try r . v Cal Yee- Suisun Valley,CA A few examples of Ikeda's value-added products-peach milkshakes,fruit pies,sauces ,t &syrups Aubum,CA ool California Country AI1ar(cet bode 00 ORC a, Mother Lode Orchards sells both their own fresh fruit and jams/jellies Camino,CA + 1t 'S CELLAR s P17R1:nU) FASHIONED APPT.0 DELIMITS 40_ tm iv t 1= A r r „' _ M 71 is 1 rt pp d w4 K Irl �x i `i7`s •��! � w g r { ! p 01 F '3�'E �,N A,_ ti4•t"-':, tV. x.a. _ a f »_.� b i,ein9s ...-. ✓ A3�.�. Ti Y1r D.3 06-05-2007 Exhibit Attachment #2 Growers Guide To Roadside Stand Regulation in Contra Costa County. (summary of current County requirements) I GROWERS GUIDE D.3 06-05--20-07-Exhibit TO ROADSIDE STAND REGULATIONS IN CONTRA COSTA COUNTY Basic Requirements: A number of different agencies can be responsible for compliance with regulations of a grower's roadside stand based its size and scale of operation. The following is a list of Contra Costa County departments that are responsible for compliance with certain state and local regulations related to roadside stands and it summarizes the basic regulatory requirements for each County department related to growers selling agricultural products of their own production: Building Inspection Department • A building permit is required for a permanent building or structure exceeding 120 square feet (e.g. roadside stand over 120 square feet). A building permit is not required under the following circumstances: a one-story detached accessory building used as a equipment or storage shed provided the floor area does not exceed 120 square feet, fences not over 6 feet high; movable cases, counters, and partitions not over 5 feet 9 inches high; painting, papering and similar finish; and, window awnings supported by an exterior wall when projecting not more than 54 inches. • Three sets of plans (plot plan, floor plan and construction plans) are required to be submitted with a building permit. • Sanitary facility(toilet and wash basin) may be required for the workers. • American With Disabilities Act(ADA) handicapped accessibility is required for the workers and customers in parking, building access, and sanitary facility. • Engineering design may be required if the building structure does not conform to code defined conventional construction. • Title 24 energy design is required if the building is heated.or air-conditioned. Reoulatory Authority: The Building Code for Contra Costa County is the 2001 Edition of the California Uniform Building Code. Contra Costa County Ordinance Code Title 7, Building Regulations, assigns responsibility for enforcement of the Building Code to the Building Inspection Department. Community Development Department No Land Use Permit (or Conditional Use Permit) is required for the following situations: • Roadside stand no larger than 200 sq/ft on property located in A-2 or A-3 zoning districts; or, • Roadside stand defined within a Williamson Act contract as an allowable use for properties located in A-4 zoning district (Agricultural Preserve/Williamson Act contract land); or, • Roadside stand no larger than 400 sq/ft on property located in A-20, A-40 or A-80 zoning districts. • Roadside stand is located at least 25 ft. from the property line, and; • Roadside stand is located on property at or near point where the agricultural product was produced, and on property controlled by the producer. Reaulatory Authority: Conha Costa County Ordinance Code Title 26-2, County Planning - Agency, Title 8, Zoning, and Title 9, Subdivisions, and the Contra Costa County General Plan. As of 211712005 GROWERS GUIDE D.3 06-05-2007 Exhibit TO ROADSIDE STAND REGULATIONS IN CONTRA COSTA COUNTY Department of Agriculture • Agricultural products sold by producers must meet minimum quality and maturity requirements. • For those agricultural products that are subject to a Federal or State marketing order, the producer must comply with the marketing order. (Enforced by the Marketing Order, not the County Department of Agriculture.) • Agricultural products sold by producers are exempt from size, standard pack, container and labeling requirements. • Agricultural products from other sources (not of the grower's production) are not exempt from size, standard pack, container and labeling requirements. • Agricultural products must be sold to consumers by weight, volume or count. • If sold by weight, a suitable scale that has been registered and sealed by the Department of Agriculture must be used. Sales by volume (e.g.: 12 oz basket) or count (e.g.: $.50 each) must be clearly designated. Regulatory Authority: CA Food and Agriculture Code Section 47002 and CA Business and Professions Code Sections 12500 and 12603. Environmental Health Division, Health Services Department • Produce stands operated by a producer or offering for sale produce (fruits, nuts, vegetables or shell eggs in their raw or natural state) are exempt from California Uniform Retail Food Facilities Law. • The California Uniform Retail Food Facilities Law (CURFL) generally applies to any establishment where food is sold for human consumption at a retail level. This means a permit is necessary from County Environmental Health for any room, building, or place, or portion thereof, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food at a retail level. Regulatory Authority, Contra Costa County Ordinance Code, Tille 4, Health and Safety, Section 413-3.208 assigns responsibility for enforcement of CURFL to the Environmental Health Division, Health Services Department. Beyond Basic Requirements: Roadside stands that exceed the basic requirements may be responsible for meeting stricter standards. For example: • A Land Use Permit (Conditional Use Permit)could be required from the Community Development Department if the size of a roadside stand exceeds that allowed by the current zoning district. Contact the County Community Development Department to confirm. • Numerous California Uniform Retail Food Facilities Law(CURFL) regulations must be met when selling prepared or processed foods, drinks,juices, and even bottled water. Contact County Environmental Health for details. • The size of a facility may require bathroom facilities or handicap access. Contact the County Building Inspection Department to confirm. i i - GROWERS GUIDE D.3 06-05-2007 Exhibit TO ROADSIDE STAND REGULATIONS IN CONTRA COSTA COUNTY • Selling agricultural commodities that are not of a grower's own production requires meeting standard pack, size, container and labeling requirements. Contact the County Department of Agriculture to confirm. CONTRA COSTA COUNTY DEPARTMENT CONTACT INFORMATION Building Inspection Department: (925) 646-2300 Application and Permit Center Main County Administration Building 651 Pine Street, 2nd Floor North Wing Martinez, CA 94553 OR East County Office: Building Inspection Dept. (925)427-8850 1191 Central Boulevard, Suite C Brentwood, CA 94513 Community Development Department (925) 335-1360 Application and Permit Center Main County Administration Building 651 Pine Street, 2nd Floor North Wing Martinez, CA 94553 Agriculture Department (925) 646-5250 2366-A Stanwell Circle Concord, CA 94520 OR Kinghtsen Office: Agriculture Dept- 30202 nd Street Knightsen, CA Environmental Health (925)646-5225 2120 Diamond Boulevard Concord, CA 94520 These departments may also be contacted through the Contra Costa County Government Website: http://www,co-contra-costa,ca.us/ G:lAdvance Planningladv-ean ft Task Force)Growers Guide To Roadside Sland Regulalions.doc 7 D.3 06-05-2007 Exhibit Attachment #3 Flowchart comparing existing requirements with proposed changes �3 IL } a O1 V S y y O O N + o o — d d o ,- n } = O 3 O7 d N O L d O +y O U `0 3 Q + E N atn ° r a a w N L O �•� Z y y E � •5 � y L n + oti + d5 W Q = rL M .U d DC in C\leyY n- + d " y L °� o >- o E LL F- N ,..� y v4-- W y d v°�i = C s %4.- N V i y o0 Er U 3 �o c + } TA +L y o o y W ?�. 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O O N N of o a, o o s. ° ° X o O Z O lLn wn 6' N0in N t- N Q, d 0 o 0 va v a d N O •r- cs 4- o 03 `� v o o v o v d O N ° O Q Od p d � O- v 3 %� d N N t�eJto - pdC 0 ° • o� 10 °CO 0 00 N` S, tl O 0 i i p.3 a6-Qs-2ao7&chi it � 9 1-4 cn s�- to cri a � o UCA)� W4) Wa - � c ¢ cacti 3 dz � o � ., cceh ^ m o p o LL o Q o o . ay L o cU3 -gyp ��A N v .� C3X " ' 3o d �Lo � y > ►� of © 0 Ut `� N' O NO O O O � t� d o O t� O O 1 �I D.3 06-05-2007 Exhibit EXISTING ROADSIDE STAND • Size: 200-400 sq. ft. • Products: o Raw ag. products only o Grown on site o No drinks o No value-added items • Requirements o By right (no CU permit) o Bldg permit >120 sq. ft. D.3 06-05-2007 Exhibit ATTACHMENT 6 DIRECTION FROM THE BOARD OF SjjpER�'ISORS 1 D.3 6-05-2007 Exhibit TO: BOARD OF SUPERVISORS `cee. Contra FROM: DENNIS M. BARRY, AICP A o Costa COMMUNITY DEVELOPMENT DIRECTOR County G`7�L'IIVN� DATE: JULY 19 2005 SUBJECT: ACCEPT REPORT FROM THE COMMUNITY DEVELOPMENT DIRECTOR ON RECOMMENDATIONS FROM THE CONTRA COSTA COUNTY AGRICULTURAL ADVISORY TASK FORCE TO UPDATE ROADSIDE STAND REGULATIONS AND ALLOW VALUE-ADDED OPERATIONS IN THE AGRICULTURAL CORE :SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT report from the Community Development Director on the recent recommendations from the Contra Costa County Agricultural Advisory Task Force. 2. AUTHORIZE staff from Community Development to initiate a General Plan Amendment study, associated zoning ordinance amendments, and review of the permit process for the purpose of updating roadside stand regulations and allowing value-added uses incidental to agriculture within the Agricultural Core, as recommended by the County Agricultural Advisory Task Force. CONTINUED ON ATTACHMENT: X YES_ SIGNATURE = RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMI'�TEE APPROVE OTHER J SIGNATURE(S): ACTION OF BOARD ON - / 7 APPROVED AS RECOMMENDED !`QTHER I�%r ,•( �.i..—yr ��(..,( Gv' l �.'_L'C�1_�{ ;"�.l`l t'. 1` >-t � Jtr. � I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND VOTE OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF '\UNANIMOUS (ABSENT i ) SUPERVISORS ON THE DATE SHOWN AYES: NOES: i ABSENT: ABSTAIN: Contact: Patrick Roche, Adv Ping. (925)335-1242 ATTESTED CC: CAO JOHN SWEETEN, ¢LERK OF THE. BOARD OF Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel j E. Meyer, Agriculture Department C. Baltodano, Building inspection Department g `��' DEPUTY K. Stuart, Environmental Health Div, M. Shiu, Public Works Department Members, Co. Ag. Adv.Task Force D.3 6-05-2007 Exhibit July 19, 2005 - Board of Supervisors Accept Community Developer Director Report On Recent Recommendations From Co. Ag. Adv. Task Force Facie 2 RECOMMENDATIONS 3. REQUEST staff from the Agriculture Department, Building Inspection Department, Environmental Health Division, Health Department, and Pubfic Works Department, to cooperate, and, as necessary, provide technical assistance to the Community Development Department in drafting updated roadside regulations, and ENCOURAGE the County Agricultural Advisory Task Force and other agricultural interest organizations to actively participate in this effort. FISCAL IMPACT Should the Board authorize the General Plan Amendment study, associated zoning ordinance amendments, and review of the permit process forthe purpose of updating roadside stand regulations and allowing value-added uses incidental to agriculture within the Agricultural Core, this would be an unfunded mandate and costs would be incurred for staff to undertake this activity. The cost of this activity is estimated in the range of $20,000 to 525,000. BACKGROUND / REASONS FOR RECOMMENDATION Earlier this year the Contra Costa County Agricultural Advisory Task Force submitted a report and recommendation to the Board of Supervisors concerning the need to update the County Ordinance. Code with respect to regulations for roadside stands and to enable farmers and ranchers to directly market their products by establishing "value-added" agricultural enterprises on their property. A copy of the report and recommendation from the County Agricultural Advisory Task Forces is listed under Attachment "A". The County Agricultural Advisory Task Force is specifically recommending that in orderto expand the ability of farmers and ranchers to directly market their products the County's regulations on roadside stands need to be updated. At the present time the County Ordinance Code recognizes the right to sell only products grown on the premises at roadside stands of 200 and 400 square feet depending on the agricultural zoning district. As described in their recommendations, the Task Force believes that the Code's regulation of roadside stands in terms of size and limitation to sale of products grown on the premises is far too restrictive, it does not reflect the realities of today's agricultural economy, and it acts as a disincentive to promoting and retaining agriculture in the County. They are recommending a significant re-writing of the regulations by establishing three new categories, Growers Markets, Grower Stands, and U-Pick Operations. The new Growers Market category would aliowthrough a conditional use permit in all agricultural zoning districts the sale of any raw or processed agricultural product grown in Contra Costa County in a permanent or temporary structure up to 3500 square feet of floor area. The Growers Market category would also allow up to 2510 of the floor area to be used for sale of non-agricultural products or agricultural products not grown in Contra Costa County.The new Growers Stand category would permit the establishment of a roadside stand of not more that 1500 square feet in all agricultural zoning districts for the purpose of selling any raw agricultural product grown in the County and any value-added agricultural product not intended for human consumption, and it would allow up to 5% of the floor area to be use for sale of taxable items or sale of other items that promote or educate the public about agriculture. D.3 6-05-2007 Exhibit July 19, 2005 Board of Supervisors Accept Community Developer Director Report On Recent Recommendations From Co. Ag. Adv. Task Force Pace 3 J BACKGROUND / REASONS FOR RECOMMENDATION- continued The new U-Pick category would continue allowing u-pick operations in all agricultural zoning districts, but establishes an Administrative Review process when there are complaints. This review would be aimed at assuring u-pick customers can park safely off-street without causing traffic safety problems and that appropriate property setback requirements are met. The County Agricultural Advisory Task Force is also recommending that the General Plan and Zoning Code explicitly acknowledge the concept of "value-added" agricultural enterprises. "Value-added" agricultural involves the direct control by the farmer in converting or processing the raw agricultural products they have grown or raised into items to be sold directly by the farmer to the consumer. As more fully explained in their report,the Task Force explains that most farmers and ran chers in Contra Costa County operate comparatively small-scale operations and must compete and survive in a rapidly changing agricultural economy. They are recommending that to help farmers and ranchers survive and thrive the County should permit the establishment of"value-added" enterprises on farms and ranches. This recommendation includes amending the text forthe Agricultural Care designation in the Land Use Element to allow through a conditional use permit process the operation of small- scale processing facilities, such as commercial kitchens or the other activities like canning, drying, freezing or packaging, and allowing these activities to be conducted on the farm premises. More generally speaking the recommendation from the Task Force is asking the County to recognize the concept of "value-added" agricultural enterprises by incorporating it into land use poiicies and other regulations. As a final matter, the County Agricultural Advisory Task Force is asking for a general review of the County's permitting process for agricultural related uses and structure. They are concerned that the permitting process is oftentimes cumbersome; and since agriculture revolves around growing seasons, it is vital that permits for agricultural uses and structures be processed in a timely, expeditious manner so that the farmer or rancher will not miss an opportunity to bring their products to market. They are requesting that the respective departments within the County involved in the permitting process review the procedures with the aim of establishing clarity, consistency, and a more streamlined permit process. It is recommended that the Board authorize the Community Development Department to initiate a General Plan Amendment study, associated zoning ordinance amendments, and review of the permit process for the purpose of updating roadside stand regulations and allowing value-added uses incidental to agriculture within the Agricultural Core, as recommended by the County Agricultural Advisory Task Force. Since the matter of roadside stand regulations involves the interaction between the Community Development Department and several other County departments, including Agriculture, Building Inspection, Environmental Health, and Public Works, it is also recommended that Board request the cooperation and, as necessary, the technical assistance of these departments in undertaking this effort. Additionally, the County Agricultural Advisory Task Force and other agricultural interest organizations should be encouraged to actively participate in this effort. Attachment (1) Attachment"A" Report and Recommendations to the Contra Costa County Board of Supervisors, as approved on 2/17/2005, Updating Roadside Stand Regulations and Allowing Value-Added Agricultural Operations in the County' Aoricultural Corn i D.3 b-05-2007 Exhibit 4 i D.3 6-05-2007 Exhibit ADDENDUM TO ITEM D.3 July 19, 200-55 On this day;the Board of Supervisors considered accepting a report from the Community Development Department and approving recommendations of the Contra Costa County Agricultural Advis cry Task Force to update roadside stand regulations and allow value-added operations in the Agricultural Core. Patrick Roche of the Community Development Department and staff to the County's Agricultural Task Force presented the Task Forces recent recommendations to the Board, as outlined in staffs report, including the Task Force's recommendation that the Board authorize a General Plan Amendment Study to pursue modifying the agricultural core to allow small-scale business uses, and the recommen dation to study the County's permit process in an effort to streamline the process. Chair Uilkema invited the public to speak. The following individuals spoke: 1. Mike McPoland, Brentwood resident and fornier Mayor of Brentwood; ?. John Silveira, (no address given); 3. Barbara Frantz, Discovery Bay resident; 4. Ken Hagar,Brentwood resident; 5. Kathryn Lyddan, Moraga resident: 6. Janet Caprile, Pleasant Hill resident;. 7. Gail Wadsworth, Walnut Creel:resident; S. Tom Bloomfield, Brentwood resident. Supervisor Piepho suggested that in an effort to support and encourage farming viability, as part of the proposed process staff review the issue of storage, and whether current regulations may cause farmers an inability to store necessar^,, equipment. She also suggested reviewing the issue of temporary storage container units for this purpose. She suggested staff review the issue of roadside signs that., while they generate income for the farmers on whose land they are placed. may create the perception of blight. She further suggested staff look at limitations that may impact smaller agricultural lots. Finally, sl-ie suggested a review of the process for winery applications. Supervisor Uilkema suggested staff review the issue of parking as well as consumers pulling in and out of roadside stands. She suggested looking at whether roadside stands would be an augmentation to the farming economy. or whether there could be factors that would make such activities an intrusion into the business of the farn-ling community. She also suggested a review of the issue of coops; She said if every landowner could potentially build a 3500 square foot store, then the co-op issue should be addressed; She also suggested a review of wine tasting, including the permit requirements. and the potential of activities becoming an intrusion into residential areas. Supervisor Uilkema requested the Board be informed on which issues will need to be addressed concerning wine tasting. the roadside sale of wine. and the shipping of wine. The Board of Supervisors took the following action by unanimous decision: ACCEPTED all recommendations from staff as detailed in the Board Order: and REQUESTED staff incorporate the issues and concerns made by the Board today. i t +T i D.3 6-05-2007 Exhibit Attachment °A" : Report and Recommendations to the Contra Costa Goumy-t5oaro of Supervisors, as approved on 2/17/2005, Updating Roadside Stand , Regulations and Allowing Value-Added Agricultural Operations in the County' Agricultural Core i D.3 6-05-2007 Exhibit CONTR9 COSTA COUNTY AGRICULTURAL ADT'ISORY TASK FORCE February 17, 2005 Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Dear Chairwoman Gayle B. Uilkema and Board Members: A little more than a year ago, we responded to your request to deal with promoting CCCo. Agriculture by recommending and by establishing Standards by which Wineries be established in CCCo. Since that time 6 wineries have applied for new licenses. Now wee are responding to another one of your concerns by dealing with improving roadside stands and adding value to CCCo. Agricultural Products. As the Chair of the Contra Costa County Agricultural Advisory Task Force, I arm writing on behalf of the Task Force to urge the Board of Supervisors to initiate actions necessary to improve the economic viability of farmers and ranchers in Contra Costa County. As more fully described in the attached report and recommendations, the Task Force has studied the matter of roadside stand regulations in Contra Costa County. Based on our study of this matter, we are recommending that regulations, as contained in both the County General Plan and County Zoning Ordinance Code, be updated to accommodate the changing marketplace for agriculture in Contra Costa County. Most of the farmers and ranchers in Contra Costa County operate comparative]), small-scale operations and must compete and survive in a rapidly changing agricultural economy. Across the United States small-scale farmers have been able to survive and thrive by capturing a greater share of each food dollar spent by consumers by marketing directly to the consumer and by establishing "value-added" agricultural enterprises on their property. Through "value- added" enterprises, a farmer adds value to their raw, product by such means as cleaning, freezing, drying, processing, bottling, canning, etc. The essence of this value-added concept is to enable the farmer to convert an agricultural product they have grown into an item that then can be sold directly to the consumer. We are recommending that certain regulations be updated to enable Contra Costa farmers and ranchers to directly market their products to local consumers and visitors and to encourage the establishment of new agricultural enterprises based upon the"value-added" concept. We are respectfully requesting the Board of Supervisors to authorize the Community Development Department to initiate a General Plan Amendment Study, an associated zoning ordinance amendment, and permit review process that would focus on three areas of concern. l D.3 6-05-2007 Exhibit 1. Expand Direct Marketing By Updating Roadside Stand Regulations Expand the ability of farmers and ranchers to directly market their products by updating the regulations that govern roadside sales in agricultural zoning districts. These changes would establish within the County's agricultural zoning districts three new and separate roadside sales categories: Grower Markets, Grower Stands, and U-Pick Operations. The new Growers Markets category would allow through a conditional use permit in all agricultural zoning districts the sale of any raw agricultural product grown in Contra Costa County or any processed agricultural product grown in Contra Costa County in a permanent or temporary structure up to 3500 square feet of _ floor area. Additionally, up to'25°o of the floor area would be allowed for the sale 1 -4,' of non-valued added products, taxable items, and/or agricultural products not grown in Contra Costa County. Subject to compliance with health and safety code requirements prepared foods and snacks would be allowed for sale. . The new Growers Stand category would permit the establishment of a roadside /V5� stand of not more than 1500 square, either permanent or temporary, in all agricultural .zoning districts for the purpose selling any raw agricultural product �C grown in Contra Costa County and any value-added agricultural product made from Contra , Costa County grown products' but not intended for human consumption. It would also allow up to 5% of the floor area to be used for the sale 1 of taxable items, sale of prepackaged beverages dispensed from-a refrigerator or vending machine, and sale of other items that promote the sale of agricultural products or educate the public about agriculture. ` U-pick operations would continue to be permitted in all agricultural zoning districts. This proposal only requests that an Administrative Review procedure be instituted for a u-pick operation based on complaints. This review would be aimed at assuring that u-pick customers can park safely off-street without causing safety problems in terms of entry 'and exit on to the roadway, and that the u-pick operation meets the appropriate property set back requirements. 2. Encourage Vaiue-Added Agricultural Enterprise Acknowledge the concept of value-added agricultural enterprises in the General Plan and Zoning Code. This recommendation specifically involves amending the text for Agricultural Core designation in the Land Use Element to allow through a conditional use permit the operation of commercial kitchens and other small-scale processing facilities, such as those that involve canning, drying, freezing, or packaging agricultural products. 3. Improve The Permitting Process D.3 6-05-2007 Exhibit Focus on improving the permitting process for agricultural uses by forming an interdepartmental team, comprised of the Community Development, Building Inspection, Environmental Heath Division —Health Services, and the Agriculture Commissioner, to review, identify obstacles, devise solutions and generally facilitate the permit process for agricultural uses and structures in Contra Costa County. Since agriculture revolves around growing seasons, it is vital that permits for agricultural uses and structures be processed in a timely, expeditious manner so that the farmer or rancher will not miss an opportunity to bring their product to market. The Task Force believes that improving the economic viability of agriculture lin Contra Costa County depends in part on updating the County's roadside stand regulations and expanding the opportunities for agricultural enterprises based on the value-added concept. Thank you for your consideration of this matter. l 5 �vanrs. - I — Tom Powers V Chair, Contra Costa County Agricultural Advisory Task Force Attachment N Contra Costa Cotmn Agricultural Advison Task Force Report and Recommendations.2/17/200 I l D.3 6-05-2007 Exhibit CONTRA COSTA COUNTY AGRICULTURAL ADN'ISORY TASK FORC. - _ -__ _- IMPROVING THE ECONOMIC N7IABILITY OF FARMERS IN CONTRA COSTA COUNTY: UPDATING ROADSIDE STAND REGULATIONS AND ALLOWING VALUE-ADDED AGRICULTURAL OPERATIONS IN THE COUNTY'S AGRICULTURAL CORE REPORT AND RECOMMENDATIONS TO CONTRA COSTA COUNTY BOARD OF SUPERVISORS AS APPROVED ON FEBRUARY ]7, 2005 i D.3 6-05-2007 Exhibit BACKGROUND Eastern Contra Costa County (CCC) is one of California's most productive farming regions, producing agricultural products valued at more than S 100 million dollars and contributing more than $300 million dollars to Contra Costa County's annual economy. Agriculture provides Contra Costa citizens with jobs, open space and a source of fresh, local food, as well as intangible historical, cultural and community benefits. However, Contra Costa County farmers are strugaling to survive economically due to the consolidation of California agriculture, globalization of food production, and increased costs. Between 1997 and 2000, the prices California farmers received for the food they grow dropped 7°io, while their costs rose 191/b. According to the 2002 USDA Agricultural Census, 94% of Contra Costa farmers met the federal definition of"small farmers" with gross produce sales of less than 5250,000. The average net profit realized by Contra Costa farmers in 2002 was 541,865. Consequently, despite efforts to preserve prime agricultural land through zoning and conservation easements, the number of farms in Contra Costa County has dropped 25°4) in the past 5 years. Between 1997 and 2000 Contra Costa County lost 4,381 acres of farmland and ranked fourth among counties in California in the loss of agricultural land to urban use. Innovative small scale farmers throughout the United States are successfully capturing a greater share of each food dollar through packaging, processing, marketing, direct sales and other "value- added" ventures on their farms. Through `value-added" enterprises, farmers add value to their crops by cleanina, freezing. drying, processing, and preserving their crops. For instance, crops can be converted into jams, jellies, salsa, pies and baked goods, soaps, dried herb wreaths and other high-value items created from their raw agricultural products. A recent survey of California farmers indicates that selling directly to consumers provides farmers with four times the net profit than they would receive from marketing their produce conventionally. Labor intensive direct marketing and value-added production provide additional community benefits, creating jobs, stimulating the agricultural economy, rebuilding local agriculture infrastructure and keeping food dollars in the County. An overview of the value-added concept and examples of local value-added enterprises are included in Attachment 1. Contra Costa farmers have a successful history of direct marketing through roadside stands and LJ- pick operations. The proximity to Bay Area markets and the rapidly expanding populations in East County offer tremendous economic opportunities for Contra Costa farmers. Expanding direct marketing and adding value to raw produce have long been recommended by the USDA, UC Cooperative Extension and other experts in small-scale farming to help small farmers maintain economic viabilitv. Many of these agricultural enterprises require limited retail and processing facilities on agricultural land. Current Contra Costa County zoning for the. agricultural districts needs to be updated to accommodate the changing=marketplace and allow a greater range of economic opportunities for Contra Costa farmers. Local suburban and nearby Bay Area populations are increasingly demanding local agricultural products. and creating new opportunities for local farmers to capture nearby urban markets with value-added agricultural enterprises would contribute to a vibrant agricultural economv in Contra Costa County. D.3 6-05-2007 Exhibit ISSUES During the summer of 3004, the Contra Costa County(CCC) Agricultural Advisory Task Force conducted a survey of local Qrowers to determine the nature and extent of constraints that limit agricultural viability in the county. This was done in response to a variety of problems brought to the attention of the Task Force by local growers, Harvest Time (a CCC direct marketing growers association), and the Agriculture Enterprise Committee of the Brentwood Agricultural Land Trust. The survey identified several regulatory constraints that limit agricultural viability and direct marketing opportunities. These include: • Limits on the size of Roadside Stands: The current county zoning code allows all agricultural properties to have a roadside stand by right but limits the size of the stand to a maximum of 200 - 400 sq. ft., depending on the zoning district. These roadside stand limits were widely recognized by survey respondents as too small to offer the volume and variety of produce needed to meet the needs of the modem consumer. With dual income families and long commutes, customer purchases have changed in recent years from larger volume, single commodity purchases for home canning to smaller, multiple commodity purchases for weekly consumption. These tiny stands cannot successfully compete with the variety and convenience offered by the many new supermarkets built within a �-10 minute drive of the Agricultural Core. Other counties have amended their zoning to allow larger roadside stand facilities so that local farmers can satisfy the needs of their suburban neighbors. • Limits on products which can be sold at Roadside Stands: The current zoning code only allows for the sale of raw agricultural products that are grown on the same property as the roadside stand. This restriction limits the volume and variety of produce necessary to attract customers for regular visits. Growers cannot legally sell products for neighboring farmers who may not have the volume, resources, time or location to operate their own stand. Many growers farm more than one parcel and must operate a separate stand for each parcel. A proliferation of many, small, limited product stands are neither convenient for consumers nor feasible for farmers. Additionally, the code does not recognize the concept of value-added agn cultural products (jams, jellies, fruit pies, wreaths,. olive oil, honey, soaps, seasoned nuts, dried fruit, etc) that allow the farmer to preserve their product, extend their season, increase product variety and ultimately to improve their economic viability. Finally, the code does not allow the sale of bottled water or other drinks necessary during high summer temperatures, especial]), at U-plc}: operations where customers may be in the hot sun for long periods. • No Conditional Use Permits are allowed in the Agricultural Core: New language was added in the 1991 General Plan update that prohibited all conditional uses in the Agricultural Core. Conditional uses are allowed by permit in all other agricultural zoning, districts. The intent was to preserve prime agricultural land for farming rather than for farm related activities. This blanket ban on conditional uses has unduly restricted even small scale agricultural enterprises that would have minimal impact on the land resource but would increase the economic viability of productive agriculture on these prime agricultural lands. For example, the current restrictions do not allow for small scale processing facilities in the Agri cultural Core (such as commercial kitchens or freezing. drying, packaging. culturin, faciliti es) that add value to ray, agricultural products. Current restrictions do not allow for the sale of small quantities of products not grown on the roadside stand prop-My that would advance the sale. of agricultural products or educate. the public about agriculture. Expanding these opportunities would help to preserve the productive use of agricultural lands by facilitating a more vibrant agricultural economy. D.3 6-05-2007 Exhibit • Permit requirements for roadside stands are not clear or standardized. Several agencies have rules and regulations that govern the construction and operation of roadside stands. Depending on the stand size and level of activit}', these may include the CCC Departments of Community Development, Building Inspection, _Agriculture, and Environmental Health. Each of these departments has their own, sometimes complex code, that they are responsible for enforcing. An overview of each department's responsibilities and governing codes are included in Attachment 2. The survey revealed there is a perception that the requirements of one department may conflict with those of another, leaving the applicant unsure as to how to proceed. There is an additional perception that some requirements are subject to interpretation by agency staff and that the codes are unevenly applied for similar projects. Since there are fewer agricultural permit requests than urban/suburban requests staff may not be as familiar with agricultural operations and requirements. • Traffic Safety: The rapid urbanization of East County has led to excessive commuter traffic on narrow rural roads. This has made it difficult for farmers to move equipment to their different properties safely. It has also made it difficult for customers to safely turn into and out of roadside stands located on roads that have become quite busy (such as Walnut Blvd., Concord Ave., Sellers Ave., and Marsh Creek Rd.). It is no longer safe for customers to park along the now very busy rural roadways to visit roadside stands as they have done in the past. RECOMMENDATIONS The. CCC Agricultural Advisory Task Force has reviewed each of the issues outlined above and proposes the following to address these concerns. We request that the Board of Supervisors direct the Community Development Department to initiate a General Plan Amendment Study, an associated zoning ordinance amendment, and a permit review process that would: 1. Expand opportunities for direct marketing by updating regulations to provide workable, clear, land use and related regulatory processes that allow farmers and ranchers in Contra Costa County to directly market to local consumers and tourists. These new re^ulations are intended to promote the sale of CCC farm produce and related woods. They are not intended to encourage the proliferation of retail stores or convenience markets in agricultural districts. They would establish three separate catevories for roadside sales that would be allowed in all agricultural zoning districts: Grower Stands, Grower Markets, and U-Pick Operations. A. Grower Stands: Grower stands are similar to currently defined roadside stand operations in that the stand must be an accessory to the grower's a«ricultural operation and is allowed by right. The current Code should be updated to include: i. Physical requirements: The sales area cannot exceed 1-500 square feet in size. Structures may be permanent or temporary depending on the growers needs. Any building greater than 120 sq. ft. will require a building permit. as directed by current code. Electricity would be allowed. Stands should have adequate parking. safe exit and entry. and conform to property set back requirements. Inadequate provision for parking, ingress., egress or set bac}: requirements will tric,.eer an .Administrative Review by the Communin Development. Public Works or other appropriate Department. The Administrative Revip-w would D.3 6-05-2007 Exhibit require an appropriate fee and the submission of a corrective site plan for approval that includes the owner's name. address, stand parcel number, map showing buildings, parking, ingress, egress, and setbacks from rights-of-way. ii. Products sold: Anv raw agricultural product gown in CCC can be sold at these stands. In addition, any value-added agricultural product made from CCC gown products and not for human consumption (soap, wreaths, etc_)may be sold at these stands. This will help to increase product variety, extend the season, encourage the sale of local products, and assist farmers in marketing their products. Additionally, 5 '/'o of the floor area may be used to sell taxable items that are not grown in Contra Costa County. This includes prepackaged beverages dispensed from a refrigerator or vending machine and other items which promote the sale of agriculture products or educate the.pubhc about agriculture. All food products sold at the Grower Stand will be subj ect to the regulations set forth in the CA Health and Safety Code (see Attachment 2). B. Grower Market: This new Grower Market category allows for a larger floor area and/or a larger diversity of product sales but must still be accessory to the grower's agricultural operation. Grower Markets would be subject to approval"through a iW Conditional Use Permit. New regulations should include: i. Physical requirements: The floor area cannot exceed 300 square feet in size. Structures may be permanent or temporary depending on the grower's needs. Anv building greater than 120 sq. ft. will require a building permit, as directed by current code. Electricity would be allowed. Off street parking of one space for every 300 sq. ft. of sales area would be required. A site.plan (including the owner-'s name.. address, parcel number.. map showing buildings. parkinn.. ingess, egress, and setbacks from rights-of-way) must be submitted and approved as part of the Conditional Use Permit process to assure adequate parking. safe exit and entry, and conformity to property set back requirements. ii. Products.sold: Any raw agricultural product grown in CCC can be sold at these markets. Any processed or value added product grown in CCC can be sold. In addition, a seasonal average of up to ^_j°„ of the floor area can be used for the sale of non-value added, taxable items and/or farm products which are not grown in CCC. In addition to agricultural products grown outside CCC, Grower Markets may sell drinks, prepared foods, snacks, ice, craft items. antiques, canning supplies and other items related to am-iculturc that advance the sale of agricultural products or educate the public about agriculture. No petroleum products. magazines, tobacco or alcoholic beverages (except wine Grown in CCC with the proper permit) may be sold at a Grower Market. A11 value-added and processed foods will be subject to the regulations set forth in the CA Health and Safety Code (see Attachment 2). C. U-pick operations: L'-pick operations are allowed by the existing, code but must Provide customers with adequate parking, safe exit and entry, and conform to propem- set back requirements. Inadequate provision for parking.. ingess. egress or set back requirements will trigger an .Administrative Review by the Community Development Department. The Administrative Review would require an appropriate fee and the 4 D.3 6-05-2007 Exhibit submission of a corrective site plan for approval that includes the owner's name. address, parcel number, map showing buildings, parking. ingress. egress: and setbacks from rights-of-way. The storage and operational area of the U-pick portion of any operation that is combined with a Grower Stand or Grower Market will not be included in the floor area calculation of the Grower Stand or Grower Market. II. Encourage Agricultural Enterprises. A. Conditional Use permits: Amend the CCC General Plan to allow conditional use permits to be issued in the Agricultural Core as they aree in other agricultural zoning districts. The permit process should limit agricultural operations to those that are incidental to the grower's primary agricultural operations and are appropriate in size and nature to preserve the prime farmland of the Agricultural Core. Appropriate uses to be allowed under permit in the Agricultural Core can include, but are not limited to: i. Grower Markets, as defined above. ii. Commercial kitchens and other small-scale processing facilities including but not limited to: the canning, diving, freezing, or packaging of agricultural produce primarily grown in Contra Costa County. These facilities would be subject to the regulations set forth in the Califomia Health and Safety Code (see Attachment 2) B. Agricultural Permit Streamlining. The. Task Force recommends that the. Board of Supervisors direct the County Community Development Department to assemble a committee composed of representatives.from the. CCC Departments of Community Development, Agriculture, Environmental Health, and Building Inspection. The purpose of this committee would be to review, identify obstacles, devisee solutions and facilitate the permitting process for Grower Stands, Grower Markets and other agricultural enterprises. This facilitation may include but not be limited to: • The development of a single form that could address the needs of all the permitting agencies/departments and replace the multiple forms currently required by each agency. • A user-friendly flow chart of the regulatory requirements for Grower Stands, Grower Markets and other agricultural enterpnses. • A committee review of permits that are exceeding the expected processing time to discover and alleviate impediments to timely and efficient permit processing. Attachm ents 1 . "Value-Added° Agriculture Concepts _'. Sumnmary of current County requirements re: Roadside Stands . Flowchart comparing existing requirements with proposed changes G 'Ad..., N1—.11 a6.11uu:no l gee FdICI IUS pen Ylm.A -d]no. - l D.3 6-05-2007 Exhibit ATTACHMENT 7 INPUT RECEIVED DURING ORDINANCE PREPARATION A. DRAFT ORDINANCE CIRCULATED FOR INPUT B. PUBLIC AND AGENCY COMMENTS RECEIVED ON CIRCULATED ORDINANCE C. EARLY AGRICULTURAL COMMUNITY INPUT ON ROADSIDE STAND REGULATIONS D. ORDINANCE PROPOSAL FLOW CHART D.3 6-05-2007 Exhibit ATTACI NIEI T 7A DRAFT ORDINANCE CIRCULATED FOR INPUT D.3 6-05-2007 Exhibit DRAFT CIRCULATED FOR PUBLIC COMMENT WITH SUBSEQUENT CHANGES INDICATED GROWER STANDS, FARM STANDS AND FARM MARKETS 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 restrictions, and other regulations governing grower stands, farm stands and farm markets in agricultural zoning districts. SECTION 11. Chapter 88-20 is added to the County Ordinance Code, to read: Chapter 88-20 AGRICULTURAL FARM STANDS AND FARM MARKETS Article 88-20.2 General Provisions 88-20.202 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to allow for the direct marketing of agricultural 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 ordinance 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. (Ord. 2007-_ § 2.) 88-20.204 Definitions. For purposes of this chapter, the following words and,phrases have the following meanings: (a) "Agrienitural product"mumis produce, shell e gs, and honey. (b)(a) "Farm market"means an area accessory to an on-site agricultural operation that is used to sell agricultutal farm products, value-added agricultural farm products, and non- agricultural items, as specified,where the total sales area does not exceed 3,500 square feet. (b) "Farmproduct" includes any of the following in its raw or natural state: any agricultural, horticultural, viticuitural, or vegetable product of the soil; poultry products; livestock DRAFT 1 D.3 6-05-2007 Exhibit products; and apiary products. "Farm product" does not include any livestock,hounry,-- — fish, or shellfish. (c) "Farm stand"means an area accessory to an on-site agricultural operation that is used primarily to sell agricultural farm products, value-added agricultural farm products, and non-agricultural items, as specified,where the total sales area does not exceed 1,500 square feet. (d) "Grower stand"means an area accessory to an on-site agricultural operation that is used to sell produce grown int of production farm products produced on-site or proximate to the site, as specified,where the total sales area does not exceed 1,500 square feet. (e) "Non-agricultural item"means any item offered for sale other than produce, agricu andvaltic-added agricuftural produ faun products and value-added.farm. products. (g)(0 "Total sales area"means the total area of all outdoor, sales areas and all indoor sales areas. N(g) "Value-added agricultural farm product"means an agricultmal a Tann 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 agrictiltmal farm product. (Ord. 2007-_ §. 2.) Article 88-20.4 Standards 88-20.402 General Development Standards. A grower stand, farm stand or farm market shall comply with the following development standards: (a) One grower stand, farm stand, or farm market that complies with the provisions of this chapter may be located on any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80). Only one grower stand, faun stand, or farm market is allowed per lot. (b) A grower stand, farm stand, or farm market is allowed only if it is accessory to an on-site agricultural operation where agricultural products are produced. If the lot is used for agriculture as defined in section 82-4.206 of this code but no agricultural products are produced on-site, then no grower stand, farm stand, or farm market shall be allowed on the lot. DRAFT 2 I D.3 6-05-2007 Exhibit (c) Size. (1) A grower stand, farm stand, or farm market may consist of an one or more outdoor sales display areas,a one or more structures with an indoor sales area, or both. sh act=e. All outdoor sales display areas and structures with an indoor sales area shall be contiguous. (2) The total sales area of a grower stand or farm market shall not exceed 1,500 square feet. (3) The total sales area of a farm market shall not exceed 3,500 square feet. (d) A grower stand, farm stand, or farm market shall comply with the height and setback requirements that apply in the zone in which the property is located. (e) Parking. (1) Adequate parking for consumers and employees shall be provided. If a grower stand, farm stand, or farm market consists of a structure, one off-street parking space shall be provided for each 300 square feet of structural floor area, with a minimum of two parking spaces. Each required off-street parking space shall 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. (2) Safe access to and from a public road shall be provided with a durable, dustless surface, such as gravel or a similar permeable surface, or asphalt. A defined point of ingress and egress shall be provided. (3) The parking requirements of chapter 82-16 of this code do not apply to this chapter. (i)88-20.404 Signs. ("(a) One or more on-site commercial signs are allowed on a lot with a grower stand, farm stand or farm market. An"on-site commercial sign" is a sign that directs attention to the business activity conducted or agricult=aI farm products sold or produced on the lot where the grower stand, farm stand or farm market is located. on-site(2) One free-standi ng on-site connneicial sign that does not exceed 25 feet in height may b located an a lot with a grower stand, fmin stand oT farm market. Additional C011ITTICTCial signs that do not exceed f 0 square f�et in size mid three feet in height may be DRAFT 3 I D.3 6-05-2007 Exhibit located on the same lot. (b) The following on-site commercial signs may be located on a lot with a grower stand, farm stand or farm market: ('1) One free-standing on-site commercial sign that does not exceed 25 feet in height or the height of the tallest structure with an indoor sales area, 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 10 feet in height or have a display surface area greater than 10 square feet. (3)(c) The total display surface area of all on-site commercial signs on a lot with a grower stand, farm stand or farm market shall not exceed 59 128 square feet. (4)(d) No on-site commercial sign shall encroach on any public right of way. (5)(e) No on-site commercial sign shall 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 shall be clean and neatly painted at all times. (g) Any temporary on-site commercial sign shall be removed when not in use. (6)(h) Any on-site commercial sign or signs authorized by this chapter may contain noncommercial copy in lieu of other copy. Nothing in this chapter shall be construed as regulating or restricting the use of noncommercial copy or message on any sign allowed under this chapter. (-7)(i) If a grower stand, farm stand or farm market is lawfully established under the provisions of this chapter, on-site commercial signs that meet the requirements of this section are allowed without a separate permit. (8)0) Off-site commercial signs are prohibited on a lot with a grower stand, farm stand or farm market. 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 grower stand, farm stand or farm market is located. DRAFT 4 i 1.3 6-05-2007Exhihit (k) A variance to the regulations in this section pertaining to sign height, sign area, sign location, or number of signs allowed may be granted if all of the following conditions exist: (1) Because of special circumstances at the property, including lot size, lot shape, topography, location or surroundings, the strict application of this section would deprive the applicant of privileges enjoyed at other properties in the vicinity and in the same land use district. (2) The variance would not constitute a grant of special privilege that is not generally available to other properties in the vicinity and in the same land use district. An application for a variance ander this section shall be made and decided pursuant to article 26-2.20 of this code. (Ord. 2007-_ § 2.) 88-20.404 88-20.406 Sales. (a) Grower Stands. (1) Otte rmiding inachine that dispenses bottled or cmined drinks may also be focated . A grower stand may sell faun 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 agrictiltmal farm products; non-agricultural items, except for bottled or canned drinks dispensed from one vending machines; and agrictiltural products other thmi produce giown at or near ffie paint of productio, Tann products not produced on- site or proximate to the site. (b) Farm Stands. (1) *griculturaf products produced at ot near the point of pioduction may be Sol farm-stmid- 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: - non-agriculturalorigin at or near the point of production, p,oduce not gro wn at at neaT th of production; mid value-added faun 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 DRAFT 5 I D.3 6-05-2007 Exhibit area of a farm stand may be used for the sale of either or both of the following: non-agricultural items and produce not gromi at or near the point of productio, farm products not produced on-site or proximate to the site. (c) Farm Markets. (1) value- added pioduction, may be sold at a fmm market.. A farm market may sell 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 Pt'UUn� or near the point of proda farm products not produced on-site or proximate to the site. (d) No petroleum products or tobacco shall be sold or dispensed at any grower stand, farm stand, or faun market. (e) Nothing shall 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. (Ord. 2007-_ § 2.) Article 88-20.6 Permits and Fees 88-20.602 Permits. (a) No permit is required under this chapter for a grower stand that meets the standards contained in this chapter. (b) A permit is required before a farm stand may be established under this chapter. An application to establish a farm stand must be made in writing and contain sufficient information to allow the Community Development Department to determine if the fann stand will meet the standards contained in this chapter. An application for a farm stand permit will be approved ministerially without discretionary review or public hearing. (c) A land use permit is required for a farm market. An application to establish a faun market must contain all of the information required by article 26-2.20 of this code. An application for a land use permit will be decided in accordance with article 26-2.20 of this code. (Ord. 2007-_ § 2.) 88-20.604 Fees. Application, review, and permit fees for faun stands and farm markets will be DRAFT 6 I D.3 6-05-2007 Exhibit in amounts established by the Board of Supervisors in the Community Development Department's fee schedule. (Ord. 2007-_ § 2.) 88-20.606 Other Laws. Grower stands, farm stands, and farm markets 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 a grower stand, farm stand, or farm market under this chapter does not relieve anyone from the obligation to obtain any other permit or license required by this code or state or federal law. (Ord. 2007-_ § 2.) SECTION 11I. Section 84-38.402 of the County Ordinance Code is amended to read: 84-38.402 Permitted. Uses permitted in the A-2 district shall be as follows: (1) All types of agriculture, including general farming,wholesale horticulture and floriculture,wholesale nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms, poultry raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses. (2) Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fruit and vegetable packing plants, and agricultural cold storage plants on parcels at least ten acres in size and buildings for the storage of agricultural products and equipment. (3) A grower stand or farm stand. (4) A detached single-family dwelling on each parcel and the accessory structures and uses normally auxiliary to it. (5) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons. (6) A family day care home where care, protection and supervision of twelve or fewer children in the provider's own home are provided for periods of less than twenty-four hours per day, while the parents or guardians are away. (7) Residential second units complying with the provisions of Chapter 82-24. (Ords. 2007- § , 2006-19 §4, 94-28 §2, 86-43 §13, 68-25 §2, 1968, 1569, 1555, 1535: prior code § DRAFT 7 D.3 6-05-2007 Exhibit 8156(a): Ord. 1406.) SECTION IV. Section 84-38.404 of the County Ordinance Code is amended to read: 84-38.404 Uses with land use permit. The following uses may be allowed in an A-2 district on the issuance of a land use permit: (1) Home occupations. (2) Publicly owned parks and playground. (3) Dude ranches, riding academies and stables, and dog kennels. (4) Publicly owned buildings and structures, except as provided in Division 82. (5) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices. (6) 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. (7) A family care home where care, protection and supervision of thirteen or more children in the provider's own home are provided for periods of less than twenty-four hours per day, while the parents or guardians are away. (8) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes. (9) Churches, religious institutions, and parochial and private schools, including nursery schools. (10) 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. (11) One additional single family dwelling. (12) Medical and dental offices and medical clinics. (13) Merchandising of agricultural supplies and services incidental to an agricultural use. (14) On parcels less than ten acres in size: canneries, wineries, commercial kitchens, and other DRAFT 8 i D.3 6-05-2007 Exhibit facilities for processing of agricultural products; and buildings for the storage o agricultural products. -- (15) Slaughterhouses and stockyards. (16) Rendering plants and fertilizer plants or yards. (17) Livestock auction or sales yards. (18) Living accommodations for agricultural workers to be primarily used for temporary housing of agricultural workers while performing seasonal agricultural work on the owner's property. (19) Commercial recreational facilities when the principal use is not in a building. (20) Boat storage areas within one mile by public road of a boat launching facility open to the public. (21) Retail firewood sales. (22) Recycling operations intended to sort or process material for reuse. Junkyards, defined in Section 88-4.206, are prohibited. (23) Museums in which objects of historical, artistic, scientific or cultural importance are preserved and displayed. (24) A farm market. (25) A commercial kitchen for the processing of produce grown at or near the point of production. (Ords. 2007- § , 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 V. Section 84-42.402 of the County Ordinance Code is amended to read: 84-42.402 Uses—Permitted. Uses permitted in the A-4 district shall be as follows: (1) All types of commercial, agricultural production, including general farming, wholesale horticulture and floriculture, livestock production, aviaries, apiaries, forestry and similar agricultural uses, excepting those uses requiring a permit in Section 84-42.404. (2) Those agricultural and compatible uses specifically agreed upon between the county and DRAFT , 9 i i D.3 6-05-2007 Exhibit the landowner at the time of entering into the agreement and designated in writing within the agreement. (3) Residential second units complying with the provisions of Chapter 82-24, provided a land use permit has been obtained pursuant to Section 84-42.404 for the detached single- family dwelling on the parcel. (4) A grower stand or farm stand. (Ords. 2007- § , 2006-19 §7, 68-54 §1 (part), 1968: prior code §8169(a)). SECTION VI. Section 84-42.404 of the County Ordinance Code is amended to read: 84-42.404 Uses—Requiring land use permit. In the A-4 district the following uses are permitted on the issuance of a land use permit: (1) Related commercial agricultural uses including the erection or modification of sheds, warehouses, granaries, hullers, dryers, fait 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) A home occupation. (5) Wholesale nurseries and greenhouses. (6) Hog ranches. (7) Dairying. ,(8) Fur farms. (9) Livestock and feed yards. (10) Poultry raising. (11) Commercial fish farming. DRAFT 10 I D.3 6-05-2007 Exhibit (12) Wineries and other facilities for processing of agricultural products. (13) Commercial kitchens for the processing of produce grown at or near the point of production. (13) Living accommodations for agricultural workers employed on the property of the owner. (14) Mushroom houses. (15) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices. (16) Those uses described in Section 51201(e) of Government Code. (17) Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use. (Ords. 2007- § , 2006-19 §8, 2003-12 §2, 86-61 §3, 84- 24 §3, 68-54 §1 (part), 1968: prior code §8169(b).) SECTION VII. Section 84-80.402 of the County Ordinance Code is amended to read: 84-80.402 Uses—Allowed. The following uses are allowed in the A-20 district: (1) All types of agriculture, including general farming, wholesale horticulture and floriculture, dairying, livestock production and breeding,poultry and grain-fed rodent raising, aviaries, apiaries, forestry, and similar agricultural uses. (2) Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fruit and vegetable packing plants, and buildings for the storage of agricultural products and equipment. (3) A grower stand or farm stand. (4) A detached single-family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it. (5) Residential second units complying with the provisions of Chapter 82-24. (Ords. 2007- § , 2006-19 §10, 79-108). SECTION VIII. Section 84-80.404 of the County Ordinance Code is amended to read: 84-80.404 Uses with land use permit. DRAFT 11 D.3 6-05-2007 Exhibit The following uses are allowable on the issuance of a land use permit: (1) Merchandising of agricultural supplies and services incidental to agricultural use. (2) Canneries, wineries, and other facilities for processing of agricultural products. (3) Commercial kitchens for the processing of produce grown at or near the point of production. (4) Cold storage plants. (5) Rendering plants and fertilizer plants or yards.' (6) Livestock auction or sales yards. (7) Living accommodations for agricultural workers employed on the premises. (8) Home occupation. (9) Wholesale nurseries and greenhouses. (10) Mushroom houses. (11) Processing of milk not produced on premises. (12) Dude ranches, riding academies, stables, dog kennels. (13) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and animal hospitals. (14) Churches, religious institutions,parochial and private schools, including nursery schools. (15) Community buildings, clubs, activities of a quasi-public, social, fraternal or recreational character. (16) Medical and/or dental offices and clinics. (17) Boat storage area within one mile by public road of a public boat launching facility: (18) Oil and gas drilling and production including the installation and use of only such equipment necessary and convenient for drilling and extracting operations. (19) Commercial radio and television receiving and transmitting facilities other than DRAFT 12 D.3 6-05-2007 Exhibit broadcasting studios and business offices. (20) One additional single-family dwelling. (21) Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use. (22) A farm market. (Ords. 2007- § , 2006-19 §11, 86-61 §4, 84-24 §4, 79-108.) DRAFT 13 D.36-05-2007 Exhibit ATTACHMENT 7 B PUBLIC AND AGENCY COMMENTS RECEIVED ON CIRCULATED ORDINANCE D-3 "5-2007Exhibit CONTRA COSTA COUNTY AGRICULTURAL AD VISORY TASK FORCE 0 _a DATE: March 22, 2007 ,.... uo TO: Donna Allen Contra Costa County Community Development s `' 651 Pine Street ca Martinez, CA 94553 FROM: Contra Costa County Agricultural Advisory Task Force and the Roadside Stand Subcommittee* of the Agricultural Advisory Task Force: AGRICULTURAL ADVISORY TASK FORCE MEMBERS Representative for: Tom Bloomfield Bloomfield Vineyards CCCo. Resource Conservation District Tom Brumleve Diablo Ranch CCCo. Resource.Conservation District Janet Caprile* Fane Advisor UC Cooperative Extension, CCCo. Al Courchesne Frog Hollow Farms Supervisorial District III Louis Mangini Mangini Farms Supervisorial District IV Ed Meyer* Agricultural Commissioner CCCo. County Agriculture Department Tom Powers* The Powers Ranch Supervisorial District II John Viano Viano Vineyards CCCo. Farm Bureau ADDITIONAL ROADSIDE STAND SUBCOMMITTEE MEMBERS Ken Hagan* Bachhini's Fruit Tree President,Harvest Time In Brentwood Kathryn Lyddan* Excecutive Director Brentwood Agricultural Land Trust RE: ORDINANCE # 2007: GROWER STANDS, FARM STANDS, AND FARM MARKETS IN AGRICULTURAL ZONING DISTRICTS We would like to express our appreciation for all the hard work that Community Development has put into assembling this ordinance. They have made a good effort to respond to the Board of Supervisors directive to adopt the County Agricultural Advisory Task Force (AATF) recommendations for updating the existing ordinances governing roadside stands and allowing 1 D.3 6-05-2007 Exhibit such facilities as commercial kitchens to process agricultural products. Drafting the ordinance was. a difficult task that required understanding not only of the complex set regulations of the several county and state entities that have jurisdiction over these local stands and processing facilities, but also an in-depth understanding of the needs of the diverse agricultural community within the county .in regards to roadside stands. As farmers and agricultural professionals who worked together to prepare the original request and proposal to the Board of Supervisors, we have a real appreciation for the complexity of this task. However, in the final push to move the ordinance forward, we feel that the final draft has some errors that need to be corrected to meet the intent of the original request. We fully support the new ordinance with the following amendments: 1. The definition of "Agricultural Products" should.be expanded to include all of the raw agricultural products that are currently or could be grown in this county in the future. [88-20.204 (a)]. The current definition of"produce (fiuits, vegetables, nuts), shell eggs, and honey" is too narrow. For example, this definition would not allow for the sale of herbs, spices, flowers, seeds, grain, hay,'fruitwood (from orchard renewal) for BBQ or firewood, fiber products (wool, cotton), nursery plants and trees and other products that are commonly grown. We support the recommendation of the Contra Costa County Agricultural Commissioner and suggest the following changes: [88-20.204(a) "Farm Product"means in their raw or natural state every agricultural, horticultural, viticultural, and vegetable product of the soil,poultry products, livestock products and apiary products. "Farm Product" does not include any livestock, poultry, fish, or shell fish.] AND [the term "Farm Product" shall replace "Agricultural Product"throughout the remainder of this document] 2. Grower Stands should be allowed to sell any farm product (formerly called agricultural product) in the raw or natural state. [88-20.204 (d) and 88-20.404 (a) (1)]. This was what was presented to the public and AATF at the Feb15, 2007 meeting. However, the final ordinance has only allowed for the more limited sale of"produce" (fruits, vegetables, nuts) rather than the broader term of"agricultural products". We believe this wording was a glitch in the rush to move things forward and the original intention was to allow the full variety of raw agricultural products grown in the county to be sold at these stands. We recommend the following changes: [Section 88-20.204 (d): "Grower stand" means an area accessory to an on-site agricultural operation that is used to sell farm products grown at or near the point of sale and where the total sales area does not exceed 1500 square feet AND Section 88-20.404 (a) (1): Grower Stands. Farm products grown at or near the point of sale may be sold at a grower stand Vending machines that dispense bottled or canned drinks may also be located at a grower stand]. 2 D.3 6-05-2007 Exhibit 3. Grower stands, farm stands, or farm markets should not be restricted to the number of structures or sales areas that they can have. [(88-20.402 (c)(1)]. There is no need for the current restriction of one structure or sales area and staff informed the "advisory committee" that it would be stricken in the final version. Again, in the push to finalize, this restriction did not get removed. We recommend that this section be changed to read: [88-20.402 (c) (1): A grower stand,farm stand, or farm market may consist of one or more outdoor sales and display areas, one or more structures with an indoor sales area, or both]. 4. Farm stands should not have a limitation on the amount of value-added products if their point of origin is at or near the point of sale. Because of the seasonal nature of local farming, there may be times of the year (for instance, around the winter holidays) when farm stands may be stocked primarily with value-added products. So long as those value-added products are made from farm products grown on or near the property, the sale of these products supports local agriculture. This allowance is critical to enabling growers to extend their season, encouraging a healthy agricultural economy, and protecting our agricultural resource. We recommend that the following section be amended to read.- [88-20.404 (b) Farm Stands. (2) Value-added farm products with a point of origin at or near the point of sale may be sold at a farm stand Up to 10% of the total sales area of a farm stand may be used for the sale of non-agricultural items and/or farm products not grown at or near the point of sale] S. It should be clarified that the "durable, dustless, surface" required to provide safe access to the parking area [88-20.402 (e) (2)] need not mean asphalt but could include gravel or other appropriate permeable surface. A permeable surface is more appropriate in an agricultural area for both environmental concerns (to reduce unwanted runoff) and agricultural concerns (to capture the winter rainfall for water table recharge and store it in the soil for future plant growth). Asphalt is an unduly expensive and unnecessary requirement for small scale and seasonal businesses. We recommend that the following section be amended to read: [88- 20.402 (e)(2) Safe access to and from a public road shall be provided with a durable, dustless surface. This need not be asphalt but may be gravel or other appropriate permeable surface. A defined point of ingress and egress shall be provided] Regarding the section on Signs [88-20.402 (f)]. None of the sign restrictions outlined in this section were presented to the public or the AATF before the final ordinance was issued. Therefore there was no opportunity to provide feedback until the public comment period. We believe that there are a number of items that need correction, including: 3 D.3 6-05-2007 Exhibit 6. The total square footage of on-site commercial signs should be increased [88-20.402 (f) (3)]. It seems the sign recommendations were based on retail or neighborhood business districts where the traffic is typically moving at 35 MPH and the business frontage is much smaller than an agricultural property. On our rural roads, traffic is often moving at high speeds (50-60 MPH). From a safety stand point, signs need to be larger so they can be read far enough away to allow customers to slow and stop safely. Since the agricultural properties have a larger road frontage than is typical in a commercial district, and the identity sign at the stand may be obstructed by orchard trees, and because traffic is moving much faster along rural roads, the grower/farm stands/markets should be allowed the option of on-site, remote signs along the edge of their property (for each traffic direction) alerting drivers to the stand ahead. A 4x8 sheet of plywood has been a standard farm sign size for the business identity sign and a '/s sheet of plywood should be sufficient for each of the more remote "warning signs". These 3 signs would then amount to 64 sq feet. In addition, it is typical for these operations to have on-site, temporary signs listing seasonal products for sale at the stand and/or along their road frontage to alert customers from either direction. The remote signs are typically either a series of small individual signs with single products listed on each along the side of the road or removable "flyers" hanging on or near the remote"warning signs". A 4x8 sheet of plywood would allow for four 1x4 signs in each traffic direction. Another 4x8 sheet of plywood would allow sufficient space for products to be posted at the stand - on the building (ie. a big outdoor blackboard), on display bins, or on a free standing sign in front of the building. These remote and at-the-stand product signs could reasonably amount to another 64 sq.ft. The total of all signs mentioned amounts to 128 sq. feet (4 sheets of plywood). Smaller operations won't need this much, larger operations may need more. We feel this is a reasonable compromise unless staff wishes to break this down based on the size of the property or the road frontage. We recommend that the following section be amended to read: 88-20.402 (f) (3) The total area of all on-site commercial signs on a lot with a grower stand,farm stand, or farm market shall not exceed 128 square feet J 7. Additional on site commercial signs should not have a 3 foot height limitation. [88-20.402 (f) (2)]. This would be appropriate if signs were in the public right-of-way and could obstruct traffic views. However, item (4) of this section already prohibits signs from encroaching on the public right-of-way. If there is a concern at intersections it would be appropriate to include the limits from the county code 82-18.002 that prohibit any structure higher than "three feet above the edge of the pavement within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the ROW lines 25' back from the point of their intersection." 4 D.3 6-05-2007Exhihit Three foot high signs in areas other than an intersection are not needed for public safety, of limited use to the business, and potentially a safety hazard. These low signs edging a parking area would be difficult to see from a tall vehicle like an SUV or truck and would encourage car and sign damage as doors banged into them or cars backed into them. The three foot height limit would also prohibit the stand from having the standard sign advertising products on or in front of the building that could be seen from the road, over cars in the parking lot as most parking areas are between the road and the stand. A more reasonable restriction is for the sign height to be lower than building height or in the absence of a building, then perhaps 12-15' high. 8. Additional on-site commercial signs should not have a 10 sq. ft. size limitation. A 35 sq.ft. size limitation would be a more reasonable limit. This would encompass the size of a sheet of plywood or the temporary banners that are displayed during cherry season. It is typical for this much space to be required on the side of a fruit stand (often as a blackboard) to list products in large enough type that they can be seen from the road or parking area. To address points 7 and 8 we recommend that the following section be amended to read: 88-20.402 (f) (2) One free- standing on-site commercial sign that does not exceed 25 feet in height may be located on a lot with a grower stand,farm stand, or farm market Additional on-site commercial signs that do not exceed 35 square feet in size may be located on the same lot These additional signs should not exceed the height of the stand/market building or if no building is present, . then they shall not exceed I5 feet At intersections, no sign shall be higher than three feet above the edge of the pavement within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the ROW lines 25' back from the point of their intersection.] 9. On-site non-commercial signs should not be included in the square footage limitations for the commercial signs. These non-commercial signs may include directional signs for customers indicating.parking entrance and exit, additional parking, restrooms, crop location, and other items of public safety or customer courtesy. It would also include signs identifying agricultural or grower association memberships (such as Harvest Time signs) and regional marketing efforts (such as Buy Fresh, Buy Local) and public information signs (such as those identifying a crop grown in the field). We recommend that the following be added to the sign section: 188-20.402 (1)(9): Any on-site non-commercial signs such as directional signs, agricultural or grower association signs, regional marketing signs, and public information signs shall be exempt from the total area limitations for commercial on-site signs.] 5 D.3 6-05-2007 Exhibit 10. Variances should be allowed. As these general rules apply to small or very temporary operations that are only open for a few weeks a year as well as larger (up to 3500 sq. ft.) operations that could be open year round, it is likely that this ordinance has not anticipated all reasonable needs. We recommend that standard language be added to section 88-20.40209 of the ordinance allowing for sign variances. Regarding Section 88-20.404 Sales: 11. The widely used phrases "grown at or near the point of production" and "with a point of origin at or near the point of production" are ambiguous. They are intended to mean "grown or with a point of origin at or near the property where the stand or market is located". We understand that this phrase was selected for it's consistency with state code. In order to be consistent with state code we recommend changing all occurrences of these phrases in the section below and throughout the document to one the following, as is appropriate: [88-20.404 (a)(b)(c): " town at or near the point of sale"OR "with a Point of origin at or near the point of sale"OR "sold at or near the point of production'J 12. Vending machines to dispense drinks should not be limited to 1 machine at grower stands. There are often different sales areas, exits and entrances to a property depending on the size of the property and what crop is available for picking by customers. It is reasonable to assume that a machine or two may be at the main stand and an additional machine or two may be at a remote location(for example a U-pick station which may be far removed from the main stand). A grower may also wish to have a machine for water and another for carbonated beverages and one for non carbonated beverages. To allow for the wide variation in operation sizes and needs we recommend that the following section be amended to read: Section 88- 20.404 (a) (1): Grower Stands. Farm products grown at or near the point of sale may be sold at a grower stand Vending machines that dispense bottled or canned drinks may also be located at a grower stand]. 13. Exempt all existing roadside stands from the ministerial permit fees for Farm Stands. Section 88-20.602 should be amended to specifically state that a farm stand requires an administrative permit. We strongly encourage the County to provide an exemption from fees for any existing roadside stands that apply for permits under .the new ordinance. We also encourage the County to provide a simple permitting process that can be accomplished in East County. We recommend that the following be amended to read: [88-20.602 (b) A ministerial 6 D,3 6-o5-2007E�ibit permit is required before a farm stand may be established under this chapter. An application to establish a farm stand must be made in writing and contain sufficient information to allow the Community Development Department to determine if the farm stand will meet the standards contained in this chapter. An application for a farm stand permit will be approved ministerially without discretionary review or public hearing. The ministerial review fee will be waived for any roadside stand existing before the implementation of this ordinance.] 14. Allow a reasonable grace period for existing stands to explore options and obtain permits after the implementation of this new ordinance. Existing roadside stands will need time to explore options and proceed through the permitting process without having their current businesses shut down. A 1 year grace period is provided in Roadside Stand ordinance revisions in other counties. The AATF recommended and the Board of Supervisors has directed that, in addition to updating roadside stand ordinances, agricultural permit costs should be minimized and the permit process be streamlined to facilitate adoption. This needs to be done before existing businesses are obligated to comply with the new ordinance. In addition, a general plan amendment needs to be completed to allow for farm markets and processing facilities in the agricultural core area. We recommend that existing roadside stands have I year after the both the agricultural permit cost reduction and streamlining process AND the General Plan amendment has been completed to implement the requirements of this new ordinance This language could be added to Permits section 88-20.602 or other appropriate section. Regarding Section IV, VI, VIII: Changes to the County Ordinance Codes: The AATF favors broad and inclusive language to avoid the need for future changes for similar types of operations. Each agricultural district already has language allowing wineries and other processing facilities. This should simply be expanded to specify "wineries, commercial kitchens and other facilities for the processing agricultural products. Limiting these facilities to only process agricultural products which are grown on or near the stand/market property is too restrictive for general agricultural districts. We recommend the following changes in the sections outlining "Uses with a land use permits": 15. For A-2:184-38.404, remove subsection (25) 16. For A-4:[84-42.404 (12) "fineries, commercial kitchens, and other facitilies for the processing of agricultural products"AND remove subsection (13) 17. For A-20 [84-80.404 (2) "Canneries, wineries, commercial kitchens and other facilities for the processing of agricultural products"AND remove subsection(3) 7 D.3 6-05-2007 Exhibit Department of Agriculture Contra 2366 A Stanwell Circle ij „; ;'r C'1 Director-orv,oy ,� Concord, California 94520-4807 Costa )_ (925) 646-5250 FAX (925) 646-5732 County F, 29 PH12: 01 Branch Office Knightsen Farm Center Delta Road @ Second Street t P.O. Box 241 1 Lv:7 0. i� Knightsen, CA 94548 C^t { (925) 427-8610 FAX (925) 427-8612 Py:r 4 off.. 'c3 STN�I March 22, 2007 Donna Allen Contra Costa County Community Development 651 Pine Street Martinez,CA 94553 Re: Proposed Ordinance for Grower Stands, Farm Stands, and Farm Markets in Agricultural Zoning Districts. I would like to commend the Community Development Department for its efforts to update the Contra Costa County roadside stand ordinance in order to address the current needs of our local industry. This was a challenging assignment but I believe your hard work and persistence have developed a good ordinance. I am in support of the draft ordinance that your Department has submitted. I also support each of the amendments that have been submitted by the Agricultural Advisory Task Force. In conjunction with those amendments I would like to recommend: 1. That "Agricultural Product"be replaced throughout the document with the term "Farm Products". This would avoid confusion with definitions of Agricultural Product that already exist. I would suggest that the definition of Agricultural Produce be removed and Farm Product be inserted into the ordinance as follows: [88-20.204(a) "Farm Products" means in their raw or natural state every agricultural, horticultural,viticultural, and vegetable product of the soil, poultry products, livestock products and apiary products. "Farm Products" does not include any livestock, poultry, fish or shell fish.] 2. That "Farm Products"replace "produce"in sections referring to "Grower stand" as follows: [88.20.204 (d) "Grower stand" means an area accessory to an on- site agricultural operation that is used to sell farm products grown at or near the point of sale, where the total sales area does not exceed 1,500 square feet. AND Section 88.20.404 (a) Grower Stands (1) Farm products grown at or near the point of sale may be sold at a grower stand.Vending machines that dispense bottled or canned drinks may also be located at a grower stand]. I would also recommend that in implementing the new ordinance, supporting guidelines be developed so that it is clear how farm products will be interpreted and what other D.3 6-05-2007 Exhibit restrictions may exist. For instance, by State law, nursery stock can only be sold by .someone holding a State nursery license. Nursery stock grown at or near the point of sale would be nursery stock grown from seed, cutting, tissue culture or other cultural practice involving more than just bringing nursery products in from another county and holding them a couple of months. Thank you for the opportunity to comment, Edward Meyer Contra Costa County Agricultural Commissioner/ Director of Weights and Measures D.3 6-05-2007 Exhibit I am writing in response to the draft of Ordinance No. 2007. The following are corrections I feel need to be made to the draft. In regards to Article 88-20.4 Standards: Section (a) "One"should be changed to "A" and The sentence: "...Only one grower stand, farm stand, or farm market is allowed per lot," should be omitted. Currently, there are many situations where growers already have two or more roadside stand operations on one lot. It is common for farms to set up different stands on the same lot to accommodate larger numbers of customers. Different commodities or varieties ripening at different times in different locations on the same lot is another reason for multiple roadside stands. (b) The sentence: "...If the lot is used for agriculture ...but no agricultural products are produced on-site, then no grower stand, farm stand, or farm market shall be allowed on the lot," should be omitted. In Brentwood, land has historically been divided into smaller lots. It is common for growers to own more than one piece of property. It would be unfair for a grower to be denied the ability to put a roadside stand on one piece their property that may not necessarily be used in agriculture. For example, one piece of property may have better road access,thus better business for and operation yet farming a piece close to a busy road(or future busy road, ie Bypass) may be impossible (for spray reasons, tractor accessibility etc.) (c) (1) The sentence: "No grower stand, faun stand or farm market shall consist of more than one structure," needs to be omitted. I can think of at least four existing stands that would need to be grandfathered into this regulation (and several more that may find it easy to break this rule). Growers may find it more aesthetically pleasing to have more than one structure to sell their goods. Growers may also find having two or more structures necessary is more functional to operate their business. (specific examples can be given upon request) (e) Parking (2)The portion of the sentence: "with a durable, dustless surface..."needs to be omitted. A durable and dustless surface seems to mean asphalt which is well beyond the means of most farming operations. (f) Signs (3) The recommended 50 square feet is not enough. I can think of many growers that have existing signage beyond the proposed 50 square foot limit. Some road side stands offer D.3 6-05-2007 Exhibit many commodities that need to be advertised and more extensive signage is necessary. The speed of commuting cars passing through the ag. core also require fonts (and therefore sign sizes)to be larger in order to make them more visible. (8) This entire section needs to be omitted on the basis of redundancy. If current county code already requires this, then it is not necessary to list this twice. 88-20.404 Sales (a) Grower Stands (1) "One vending machine " should be changed to "Vending machines." It is not unthinkable that a grower may want a full vending machine devoted to water and another for sodas. Also, certain times of the year are so busy that two machines are more convenient for refilling purposes. (b) Farm Stands (2)It is not the government's business to determine what percentage of non self-grown produce can be sold at a citizen's business. There should be no limitations on the percentage of non self-grown produce so long as it is sold in auxiliary to a farming operation. At some times in the season, only one commodity grown on site is available. In order to have a large variety of product, it may be necessary to stock a large percentage (even up to 90%) of agricultural product that is not grown on the premises. (b)Farm Markets (2) The same comment as above applies to the"20%' listed in this section (e) This section should be omitted from the proposal. It was not an original idea as suggested from the grassroots growers level, but rather from the level of the local government. This drafted ordinance was intended to "update" antiquated regulations, not create more. Furthermore, this section would impede any grower from selling of a vintage style truck for aesthetic purposes. (This case already does exist and specific details can be given upon request) 88-20.602 Permits In general regard to this section; actual "hard-copy"permits need to be presented to the public. The requirement for permits without showing the grower/public an example of what will be demanded prior to the passing of this ordinance is unfair. Thank you for your review. I look forward to hearing your comments in regards to my corrections. Cathy Wolfe 9250-437-7905 AT&T Yahoo! Mail - donnaallen(a pacbell.net 1 of 2 D.36-05-2007 Exhibit WIAIL Print -Close-winaow From: "bfrantz" <barbara@allenandfrantz.com> To: proch@cd.cccounty.us CC: "'David"' <Dapiepho@sbcglobal.net>, donnaallen@pacbell.net, nejedlypiepho04@aol.com, barbara@allenandfrantz.com Subject: Proposed Roadside Ordinance - Request for modification to reflect Horticulture Date: Tue, 13 Mar 2007 18:38:38 -0800 Dear Patrick, as you may remember I eventually want to have a botanical gardens at my site in the Discovery Bay area. Per the definition of Ag Core, horticulture is included in agriculture. See below. Botanical gardens often sell the seeds and bulbs of their more exotic plants and trees as a means of supporting their operations. Therefore, I would respectfully request that you add "flowers, plants, bulbs and seeds" to the definition of Agricultural Product in Section 88-20.204, to the definition of"Produce" in item f of that section, and to all other areas that you deem appropriate in the proposed ordinance. If you want me to be more specific, let me know and I will send you a marked up version. 82-4.206 Agriculture. "Agriculture" means-the tilling of soil, the raising of crops, horticulture, dairying, and the raising and managing of livestock, including all uses customarily incident but not including slaughterhouses, fertilizer yards, bone yards, plants for the reduction of animal matter, or any other industrial use which may be objectionable because of odor, smoke, dust, or fumes. (Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(d): Ords. 1269, 1264, 1224, 939, 933, 382). I am confused by the reference in some part of the ordinance to A-40, but no changes referred to in the latter part which reiterates what's available in each zoning area with a land use permit. I would also request that Museums be added to A-40 to permit places such as the East Contra Costa County Historical Society. I am curious about why you picked a parking space as 9 x 19? You also state that signs shall not be illuminated. While I agree that commercial signs that are lit up internally are offensive, people's addresses and the names of their farms presently have a light shining up from the ground. This seems safe and not offensive. Shouldn't the signs comply with a special sign ordinance, or maybe an existing ordinance for residential structures except for the size. Just driving along Balfour Rd. , Concord Ave., and Walnut Blvd. , it seems that there will be serious selective enforcement issues with signs that have been there for a long time. There also does not appear to be a limitation on the operating hours. This would seem more disruptive than lit signs. Finally, water and soft drinks must be distributed ONLY from vending machines? Is this a health and safety issue? Because it seems a lot more homey to have them distributed out of big barrels of ice. To respond to my concerns, please send me an email. If you would like me to appear to present my views, please let me know. My mother is in a hospice program in Los Angeles , so I am traveling extensively, but as you know I would like to participate in any way that I can. Thanks. PS, despite my repeated requests to be involved with the development of the language for this ordinance over the past 2 years, I have only received the most recent email from BALT and 2 other communications regarding httn-//nc fRT? mail vahnn (-.nm/vm/RhnxvT.PttPr9hnv=TnhnvR,MCQTrl='111 S 0 147RR 1971 d d/9/')()f17 AT&T Yahoo! Mail - donnaallen(&,pacbell.net Pace 2.of 2. D.3 6-05-1007 Exhibit this ordinance. So please accept my apologies for not giving you my comments sooner. BARBARA A. FRANTZ Allen & Frantz,LLP 101 Sand Creek Road, Suite 301 Brentwood, CA 94513 Phone: 925-516-1617 Fax: 925-775-7008 Email: barbara@allenandfrantz.com lilt".//lc N*V) mail vahnn rnm/vm/ChnaarT Al-tar9hnv—Tnlanas R"TiTonTll-211[ n 1i17QQ 1011 A it/0/7 nn7 AT&T Yahoo! Mail - donnaallen@pacbell.net Page 1 of 1 D.3 6-05-2007 Exhibit MAIL Print - Close Window From: "meredith" <farmgirl_32@msn.com> "BALT (Kathryn Lyddan)" <brentwoodagtrust@sbcglobal.net>, "Donna Allen" <donnaallen@pacbell.net>, "Janet Caprile <jlcaprile@usdavis.edu>, "Pat To: Rocha" <proch@cd.cccounty.us>, "Ed Meyer (E-mail)" <emeye@a g.co.contra-costa.ca.us> Subject: NEW DRAFT ORDINANCE Date: Tue, 27 Mar 2007 15:42:21 -0700 Dear Donna Allen, Pat Roche, Janet Caprile, Kathryn Lyddan, Ed Meyer, I just want to say "THANK YOU" for all the work everyone has put into the new draft ordinance for roadside stands. I think the new changes in the draft ordinance proposed at the March 22,2007 meeting is a giant step in the right direction. I'm crossing my fingers, thanks again. Best Regards, Meredith Nunn farmer's Daughter Produce lhltn•//nc fR11 mail valhnn rnm/vm/ChmuT attPr9hnv=Orto/7()PrnAiira0/7hQtanllc0/)OC)rA 041 d/0/7t A7 D.3 6-05-2007-Exhibit ATTACHMENT 7 C EARL' AGRICULTURAL COMMUNITY INPUT ON ROADSIDE STAND REGULATI®NS D.3 6-05-2007 Exhibit CommunityContra Dennis M.Barry,AICP Contra 1 I Community Development Director Development Costa Department County County Administration Building e 651 Pine Street 4th Floor, North Wing ,- Martinez, California 94553-0095 Phone: e WAIT,-- AUGUST 28, 2006 REQUEST FOR ADDITIONAL INPUT ON PROPOSED COUNTY'S ROADSIDE STAND REGULATIONS The Contra Costa County Community Development Department is in the process of updating both the General Plan and Zoning Ordinance to accommodate the changing market place for agriculture. Many of the issues raised by the Contra Costa County Agricultural Advisory Task Force regarding changes to the roadside stand limitations and an expansion of related agricultural uses have been taken into consideration. Some of the specific changes currently incorporated in the revised ordinance draft include: • Increase in roadside stand size. We are currently proposing farm stands and markets with maximum sizes of 1,500 and 3,500 square feet, respectively. • Ability to sell agricultural products grown off-site. • Ability to sell value-added(processed)products. • Ability to sell a limited amount of taxable items. • Expansion of uses allowed by Land Use Permit to include uses like commercial kitchens incidental to agricultural uses. } In addition a comprehensive application package is being compiled. This will include information alerting an applicant to various conditions which will come in to play at various thresholds. This will result in clear guidance regarding what is expected of an applicant. • When do you need a building permit? • When do you need approval from the Environmental Health Division? • When do you need a Land Use Permit from the Community Development Department? • When do you need approval from the Public Works Department? We are clearly looking for ways to support agriculture within our County without imposing any more regulation than necessary. We are lockingJor ways to provide you with more information in advance to assist you in your decision making and to reduce the number of trips you need to make to Martinez to complete a project. We are also looking at including information on the County's web page. 1 Office Hours Monday- Friday:8:00 a.m.-5:00 p.m. Office is closed the 1 st, 3rd&5th Fridays of each month 1 D.3 6-05-2007 Exhibit We are very close to completing a draft ordinance, however, there are some remaining specific topics/issues. Your input would be most valuable in assisting us in the development of regulations that truly improve the economic viability of agricultural in Contra Costa County. This is intended to provide staff with broad concepts (not specific parcel issues). Please provide your responses no later than Friday September 15,2006. Return responses by U.S Mail to (see envelope): Ms.Donna Allen Contra Costa County Community Development Department 651 Pine Street,4bFloor North Wing Martinez,CA 94553 Or by email to: Donna Allen at 925-335-1204 or e-mail donnaallenopacbell.net Patrick Roche at 925-335-1242 or e-mail proch@cd.cecounty.us Thank you in advance for your assistance and cooperation in this matter. f.Ug Tak 2 D.3 X05-2007 Exhibit 6f tf Al ADDITIONAL INPUT ON ROADSIDE STAND REGULATIONS 1. Recognizing that 200 and 400 square foot roadside stands for the sale of produce grown exclusively on-site is far too restrictive and that we do not want to open things up in such a way as to allow a corporate grocery chain we need your input on the following: a. Our goal is to assist the fanning community within our county. Allowing produce to be sold which is not grown on site could jeopardize that goal. How would you like to see the sale of product grown off-site restricted? SrC,(� a¢ Pfdakcf 9fd-J �C� rCJ}r�c�-,oar 6� fE1Ci�— FAR/°trrCS y�v�a Cvr+.e itedv �vr C04-,Ifw JJ 3-rf U,* a 4m a1 STld, ��e orc►w.o^ec CuVNFt^ rc,44o, 5 �sw �� �e�a� +0 CGM �JP,, Gve�1 s�rte�4vlL Lry,t(a a-,'p„ > Have the concepts of cooperative marketing or establishing individual farm stands/markets as Certified Farmer's Markets been considered? j kcs ('s tya l" CL 9 vu 14 ret � G St yyfl ikcr< `e� 1`�y ��e7we� Ao$ h n� c (Sc • ��.{¢ i6.ltt QJ� Fu Pw eb p�..S�PALgfOW��Y^^ lJ `(J '" F�¢' SCPPrRF.rc( Pa.4'i-�, Ptla'"C Sk' /`a! `.[ !° LPcW'r.F'+e ycnt"taa c. It is recognized that farm stands/markets should be located on productive agricultural lands. What should the minimum size parcel be to allow a farm stand or market? And how much of that land should be in productive agricultural use? b i I,)~ P v r n fine 3 _. ._ D.3 6-05-2007 Exhibit 2. Traffic safety is an issue. a. It is currently recommended that there be one parking space off of the public road for each 300 square feet of building/sale area. Is this sufficient? V4 1 `/'4-r> �'.�'y � N'^�°1 q { �_i, ��,` �/sf�ii'r> q /T t.ia Sde^aso�sl '/f?+�C,•c. �Gnk!'r i b. How would you propose eliminating parking on the public right of way? Gay cl A.j- cis r°r etas€ J r j fon Malt Surma �ra. fhK =Eve. � 7`�anrga fR#.r� C'Gn�e .l.�rrSe,� c. The Public Works Department would like to see a paved "apron" for a driveway which would eliminate tracking dirt and gravel on to the public roadway. How could you direct traffic to this "apron"? 4ej-r 0 ( G naEA�/ mrGl'i '� o d\lrcf' j"tGt�-;G•'t. •d..3 -1.t PYI 4 D.3 6-05-2007 Exhibit 3. Signage may be an issue. a. Would a maximum of 40 or 50 square feet of signage to identify the stand/market and various products sold be sufficient? ^ b. The current proposal does not allow any off-site signage (signage not on your property but directing customers to your site). What alternatives could various stands/markets do to direct customers? /i!°?^°•� ".P J•1 rA F t'f tc I, yA f� c. The "Buy Fresh Buy Local" field signs are being considered an "educational"sign and would be allowed to identify any crop. 5 t D.3 6-05-2007 Exhibit ADDITIONAL INPUT ON ROADSIDE STAND REGULATIONS 57 1. Recognizing that 200 and 400 square foot roadside stands for the sale of produce grown exclusively on-site is far too restrictive and that we do not want to open things up in such a way as to allow a corporate grocery chain we need your in ut on the followingg: a$ a.����� �cL�ma`� ,/J�e�' I <eelr_e � � y-ze � a. Our goal is to assist the farming community within'our county. Allowing produce to be sold which is not grown on site could jeopardize that goal. How would you like to see the sale of product grown off-site restricted? _Z. Fee S, Fees Fe�s� u c� C, , art's �2�r c e , its L�tir2�/it�c c.t� oy�C cSL 7� �it1�cG'UZ.[.�G -c�sC� ll�i2c' Q.C2 ct... c�GJy. �stiJ?�{t b. Have the concepts of cooperative marketing or establishing individual farm stands/markets as Certified Farmer's Markets been considered? U / �o ltt8'✓tl �L tr-��t�,c �e.a_,t , �iccL �v �c> c.� cuQQO c. It is recognized that farm stands/markets should be located on productive agricultural lands. What should the minimum size parcel be to allow a farm stand or market? And how much,of that land should be in productive agricultural use? p ��r-L4�� CGtc'til2��s//mdit,/za_Z5 -liar /�iz.e, �L/ 75 /z� `tee/ Ce-C 7/70 ®t z a_ �ra-ru-�.ecL •e, �/Ue s /1_lli G��c.L.�i'// �' a-��11rn . " 3 D.3-6-05-2007 Exhibit 2. Traffic safety is an issue. a. It is currently recommended that there be one parking space off of the public road for each 300 square feet of building/sale area. Is this sufficient? zat b. How would you propose eliminating parking on the public right of way? C.;- tr,-ee - �i�ds e/ 144cz - 240 ��.-%z. G���zr.2ef� c. The Public Works Department would like to see a paved "apron" for a driveway which would eliminate tracking dirt and gravel on to the public roadway. How could you direct traffic to this"apron"? pf . 07 P ,�Jt( , l c��a e s shau�c� r c±e�c Tie fe ox Y/�e 6 cil 6u0 �vr s s Y-B�oc s2e��Q 4-6 f 4 No Q G�c�Q e�aU e e 4 D.3 S05-2007Exhtbit 3. Signage may be an issue. a. Would a maximum of 40 or 50 square feet of signage to identify the stand/market and various products sold be sufficient? a b. The current proposal does not allow any off-site signage (signage not on your property but directing customers to your site). What alternatives could various stands/markets do to direct customers? 7�zey 4c sr Z �L c. The "Buy Fresh Buy Local" field signs are being considered an "educational" sign and would be allowed to identify any crop. B�y�J4-ca �� Gs L�rfnsca c� o •to �°"2 e��a.� �e,�Q. G(.1-ems li,�a.'�- ✓C-o �e�e � Va��- acs�-a��ce� �1�. .,a j �.� c �% Fee `s . D.3 6-05-2007 Exhibit ADDITIONAL INPUT ON ROADSIDE STAND REGULATIONS Ice 1. Recognizing that 200 and 400 square foot roadside stands for the sale of produce grown exclusively on-site is.far too restrictive and that we do not want to open t t� things up in such a way as to allow a corporate grocery chain we need your input 0a CP on the following: (t a,Clr Qyr a. Our goal is to assist the farming community within our county. owing produce to be sold which is not grown on site could ieo ardiz at goal. (' How would you like to see the saleofproduct grown o -site restricted? G �t.40 c. 4 ? ? QF11-Yl l I I � tmkI '{ire 1�(e, Yee 4 4%q, w-aA-r1 c4 fi VV_Vj e. , oC r %&4-e, be ca-.ae %u,�t, " _ d Tk w%&,& at- .,r.�,�,k,- m �.�-�-�'r'-�o - �/s•P b. Have the concepts of cooperative arketing or establishing individual farm stands/markets as Certified Farmer's Markets been considered? c � 4� - � w�- � ,a e.�� KW el44,e.4 c. It is recognized that farm stands/markets should be located on productive agricultural lands. What should the minimum size parcel be to allow a farm stand or market? And how much of that land shoijd be in productive agricultural use? /v 3 r D.3 6-05-2007Exhibit a 2. Traffic safety is an issue. a. It is currently recommended that there be one parking space off of the public road for each 300 square feet of building/sale area. Is this sufficient? / � ? I C/o Q Sic 7 chi,." [mei c>G ct b. How would you propose eliminating parking on the public right of way? /5 I�Ad 414P ,r7 -74ek- 4W- Ke ►-�P b� Cflp �- s�� ` 1 _ ��RI ob c. The Public Works Department would like to see a paved "apron" for a driveway which would eliminate tracking dirt and gravel on to the public /,, roadway. How could you direct traffic to this"apron"? " W!U'/ 0'-`V.-/�y - 6e tLaL, oc.} e+n"A . re cc-wwk?r.,d 2 v 3 e �ow o � �p os . �f � �^►� dae4 ►�c6►►„K.�.� ('on 0rd '�a�t(it ov by 'P4b-ic-k J ocke tf�� 7'&d, fenlky s(aw.4 —ems l cc.�op(diu are✓o uJ �),-t4 frya4P -tACP mien o?,43 �PoP t. /e sx� fo 60, Q qO KPI �C1T3xs- wad" �`c a�� resew advys�h-0 f o oiKa a o �- � �1iro�.. e e 1401L 7�/Jlc j mho n�L �ea r �iw�,p tic ja D.3 6-05-2007 Exhibit 3. Signage may be an issue. a. Would a maximum of 40 or 50 square feet of signage to identify the stand/market and various products sold be sufficient? `-� �s h a�- qh �SS u� °r �a�"� S4• �"�'- j�S �' o Gt.vxs-�t�v� /df ' / <WQ� ou� f}`-edr�j J�av�q�s - !n 077C �Lyer✓ P pc r PSvry1t & Le-- 46;t SO I.C.- Jjh�ze44 i oIA-e J+-✓cameo aue- CI b. The current proposal does not allow any off-site signage (signage noLec-1 )6L your property but directing customers to your site). What alternativcould various stands/markets do to direct customers? C'6 a7 a. (yo coo XSkrw.' h'1 � er ����6aKS/� �"�"''� �G-LC,� �fes-( �- ✓f� a� c. The "Buy Fresh Buy Local" field signs are being considered an "educational" sign and would be allowed to identify any crop. C7'A;s js tnJ 574 717t� 19t I,L.LEG,4L �s//r� - CO- 47 YZjW oP. �� 60�cy-ter D.3 6-05-2007 Exhibit ADDITIONAL INPUT ON ROADSIDE STAND REGULATIONS 1. Recognizing that 200 and 400 square foot roadside stands for the sale of produce grown exclusively on-site is far too restrictive and that we do not want to open things up in such a way as to allow a corporate grocery chain we need your input on the following: a. Our goal is to assist the farming community within our county. Allowing produce to be sold which is not grown on site could jeopardize that goal. How would you like to see the sale of product grown off-site restricted? t o i RE t5n,>_t, c:—t E t'3 i'"5 Goo i c7 r J b. Have the concepts of cooperative marketing or establishing individual farm stands/markets as Certified Farmer's Markets been considered? c. It is recognized that farm stands/markets should be located on productive agricultural lands. What should the minimum size parcel be to allow a farm stand or market? And how much of that land should be in productive agricultural use? �o tS-(0-- 1 C-T U rn 3 D.3 6-05-2007 Exhibit 2. Traffic safety is an issue. a. It is currently recommended that there be one parking space off of the public road for each 300 square feet of building/sale area. Is this sufficient? " C b. How would you propose eliminating parking on the public right of way? YC)L2 CA,1j NJ<:>"1 Li 11A 1 N A7 C pe--_)+{fir P_ R2#3 u C_ TL 6�J4`7 c. The Public Works Department would like to see a paved "apron" for a driveway which would eliminate tracking dirt and gravel on the public roadway. How could you direct traffic to this"apron"? 4 D.3 6-05-2007 Exhibit 3. Signage may be an issue. a. Would a maximum of 40 or 50 square feet of signage to identify the stand/market and various products sold be sufficient? b. The current proposal does not allow any off-site signage (signage not on your property but directing customers to your site). What alternatives could various stands/markets do to direct customers? Q C� J� C- S'-r0C:I- c. The "Buy Fresh Buy Local" field signs are being considered an "educational" sign and would be allowed to identify any crop. j T 5 D.3 6-05-2007 Exhibit ADDITIONAL INPUT ON ROADSIDE STAND REGULATIONS 1. Recognizing that 200 and 400 square foot roadside stands for the sale of produce grown exclusively on-site is far too restrictive and that we do not want to open things up in such a way as to allow a corporate grocery chain we need your input on the following: a. Our goal is to assist the farming community within our county. Allowing produce to be sold which is not grown on site could jeopardize that goal. How would you like to see the sale of product --grown off-site restricted? b. Have the concepts of cooperative marketing or establishing individual farm` stands/markets as Certified Farmer's Markets been considered? �l Y✓'—�- I S l�� ftp� Gt/'� U i�V,IU:I 1745 �-J c. It is recognized that farm stands/markets should be located on productive agricultural lands. What should the minimum size parcel be to allow a farm stand or market? And how much of that land should be in productive agricultural use? f1!VI /bW /YIU V`1 �� I�D tr` ri'� onS -h2 3 D.3 6-05-2007 Exhibit 2. Traffic safety is an issue. a. It is currently recommended that there be one parking space off of the public road for each 300 square feet of building/sale area. Is this sufficient? I �Ca,✓ny X 56 nu b� ccs 110 Cj w� b. How would you propose eliminating parking on the public right of way? rc� � b CCC 54,91; c. The Public-Works Department would like to see a paved "apron" for a driveway which would eliminate tracking dirt and gravel on to the public roadway. How could you direct traffic to this"apron"? vA P� 4 D.36-05-2007 Exhibit 3. Signage may be an issue. a. Would a maximum of 40 or 50 square feet of signage to identify the stand/market and various products sold be sufficient? (It0 /U�� 5� �GJ !ma c wi` A4 AA. Y b. The current proposal does not allow any off-site signage (signage not on your property but directing customers to your site). What alternatives could various stands/markets do to direct customers? c. The `Buy Fresh Buy Local" field signs are being considered an "educational"sign and would be allowed to identify any crop: 5 D.36-05-2007 Exhibit ADDITIONAL INPUT ON ROADSIDE STAND REGULATIONS _.eC_ I. Recognizing that 200 and 400 square foot roadside stands for the sale of produce grown exclusively on-site is far too restrictive and that we do not want to open things up in such a way as to allow a corporate grocery chain we need your input on the following: a. Our goal is to assist the farming community within our county. Allowing produce to be sold which is not grown on site could jeopardize that goal. How would you\like to see the sale of product grown off-site restricted? cc&+r, IZ b. Have the concepts of cooperative marketing or establishing individual farm\\stands/markets as Certified Farmer's Markets been considered? �S ;s 'AlRL�►�.1� bti�( ac►.� k,( t',vSi�N�Z.'�;e,.� Sl.c as J v vuts�t 4rM� l CC�r�j ri-rrOVS /Awo�-�S c. It is recognized that farm stands/markets should be located on productive agricultural lands. What should the minimum size parcel be to allow a farm stand or market? And how much of that land should be in productive agricultural use? 0 6C re- 13 � � ( , 3 D.3 6-05-2007 Exhibit ' 2. Traffic safety is an issue. a. It is currently recommended that there be one parking space off of the public road for each 300 square feet of building/sale area. Is this sufficient? I b. How would you propose eliminating parking on the public right of way? -4,r�, , A S c. The Public Works Department would like to see a paved "apron" for a driveway which would eliminate tracking dirt and gravel on to the public roadway. How could you direct traffic to this"apron"?� 4 D.3 6-05-2007 Exhibit 3. Signage may be an issue. a. Would a maximum of 40 or 50 square feet of signage to identify the stand/market and various products sold be sufficient? �C-JfLv CL C. r N b. The current proposal does not allow any off-site signage (signage not on your property but directing customers to your site). What alternatives could various stands/markets do to direct customers? c. The "Buy Fresh Buy Local" field signs are being considered an "educational" sign and would be allowed to identify any crop. I 5 D.3 6-05-2007 Exhibit Ir - -- ------- ` � r � I - D.3 6-05-2007 Exhibit ATTACHMENT 7 D ORDINANCE PROPOSAL FLOW CHART D.3 6-05-2007 Exhibit APPENDICES A. PHOTOGRAPHS OF EXISTING ROADSIDE STANDS IN THE AGRICULTURAL CORE B. BACKGROUND INFORMATION ON DIRECT MARKETING AND "VALUE- ADDED" AGRICULTURAL PRODUCTS C. COMPARISON TABLE OF ROADSIDE STAND REGULATIONS IN OTHER COUNTIES D. SAMPLE FARM STAND PERMIT APPLICATION (DRAFT - WORK IN- PROGRESS) D.3 6-05-2007 Exhibit APPENDIX A. PHOTOGRAPHS OF EXISTING ROADSIDE STANDS IN THE AGRICULTURAL-CORE r • I til k.s77. At 69 4•hu,a�a:F - `�.. of , t 2 w . Atli 75 AlMk 1 .-- ® .✓�. `�� ��J r .,..-_ .,�# I ..� r cry �eAt d t JGR _ r . 1 _ D.3 6-05-2007 Exhibit p y V z _ t y -, m.•; t e• -' av _�,_.� 3cr '-5. I +rte.. d'Sx_ Z 1 •yg'_H.. 'K� pppppp -'a:/� '• s -:, .sfi�re;. - a S ' 4�. 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'�'�f !Ib "./ Z v td _ 11 AMY- H vio _r"'Y $'1w .'Or• ��F�'I'y/. ...4d'• Sti'SS�f y /yid I:AyJyLY f' ` 'yv3.Tr$F•.lQ�d}t r"<L,T S�1 � � .h e 1:� /�S�rX•':i�Y�, Y'e't Y.�# ✓v""i f r /r ��;�74• t thD,,,t.,/���v #�Dis� `a �Fw,t .?••. { t�•t+' .t yrs �p' l n r" f r -F �r 'r`n� rf...r-..`-r+�i C, �r.•f t'"(�$$yy�� e w t: _w- rx 5.t�w's �% wt✓1T<<�i t`X+/ z"j- � • •7R'r+t. r�iY+ ✓`:z r,.�pi .0 � '�-.r �r �t :•a1,5. "tf - �. D-- f r � ,), of "°rjt 1 ^is' � 1 ), sraa 0 t :t.-'f :-- .,� ' t✓�A� 3 r:... ' w. )' ff D.3 6-05-2007 Exhibit APPENDIX B. BACKGROUND INFORMATION ON DIRECT MARKETING AND "VALUE-ADDED" AGRICULTURAL PRODUCTS Horne Calendar Search Contact Us Webmaster Cjifl[gr;qji A,%Sustainable Agriculture D.3 6-05-2007 Exhibit Rcs6archand Education Program Direct Marketing with Value-added products (or: "Give me the biggest one of those berry tarts! ") By Jeri L. Ohmart dJ 'Sali rgg W k Al A.11 I X IA UC Sustainable Agriculture Research and Education Program! January, 2003 al 7j J/1.NJN9 Part of a Study on Retail Farmers' Markets and Rural Development in conjunction with researchers at Cornell University and Iowa State University, Funded by the Fund for Rural America, USDA Introduction As you amble past Al Courchesne and Becky Smith's Frog Hollow Farm stand at the Berkeley,Farmers Market and eye flaky apple crisps. Meyer lemon bars. blackberry gallettes and sundry other tarts, cookies and pastries, you are not thinking "value-added products." You are salivating. Yet in the business, these delectables are "value-added" products, defined as a raw product grown by the farmer and modified, chan(yed and/or enhanced in order to turn it into another product with a higher net worth. In the case of Frog Hollow Farm. all the fruit for the pastries is grown on Courchesne's organic fann in :Z),3 Brentwood, California. G Most cornmonly, value-added products derive from fruit or vegetables that are transformed into gourmet . food items. Typical value-added products include jams,jellies, preserves. fruit sauces and spreads, b pickles. preserved vegetables,tapenades, hot chili sauces, extra virgin appellation olive oils, herb- a flavored olive oils and vinegars, and salsas. Value-added can also include other types of products: cut flowers, dried flower arrangements, wreaths and wall swatches, braided garlic, painted gourds, dried o herbs, sachets, soaps made from home-grown herbs, and herbs grown and sold for medicinal properties. 14 Any product can be considered value-added if it is originally grown by the farmer and increased in value s "by labor and creativity. Value-added products are now being developed by small- to medium-scale farmers who do their own processing and sell direct to customers through fanners markets, individual _ and direct wholesale orders, or a Web site. Growers also typically sell wholesale to specialty outlets, such as high-end grocery stores or to exclusive catalogue businesses. The common factor is that the farmers develop and process the end product themselves and do not work through a distributor or middle person to distribute it. This case study looks at the value-added enterprises of five small independent farmers in Northern California, focusing on their motivations, their decision-making processes, the benefits of pursuing this avenue of business and the challenges they face in doing so. Interviews reveal that value-added products significantly enhance farriers' businesses, affording them a steady income throughout the year.when their sales of fresh produce tend to dip. Farmers also emphasize that real satisfaction has come from the knowledge they have developed a high quality, distinctive and unique product that garners loyal customers and consistent positive feedback. ............_........ ........_ Farm and Farmer Profiles Frog Hollo►v Farm Frog Hollow Farm, co-owned by Al Courchesne and Becky Smith, is located in Brentwood, on the cusp Of the San Francisco Bay Area and California's Great Central Valley. The farm is beautifully positioned for a direct marketing farm operation: It is geographically a part of the valley, with its rich soil and wide variations in seasonal weather patterns, but is culturally and economically connected to the Bay Area. Frog Hollow specializes in at least 30 varieties of stone fruit, all grown organically-peaches, nectarines, apricots, cherries,plums and pluots (an apricot/plum hybrid). The exquisite quality of their fruit has attracted national attention and high-end customers. They sell.to Alice Waters' Chez Panisse Restaurant in Berkeley, to Oakland's well-known Oliveto Restaurant and to other specialty restaurants and markets, such as Bill Fujimoto's Monterey Market in the Bay Area. Courchesne and Smith have also sold at Bay Area farmers markets for over 20 years. This is their arena for testing and selling value-added products. Courchesne and Smith estimate that about 90 percent of their value-added products are sold at farmers markets (their farmers market sales account for about 20 .to 25 percent of their total sales.) The other 10 percent of their value-added products are sold to specialty stores. In addition to farmers markets, Frog Hollow hosts a Web site,,which brings in orders from individuals as well as businesses and corporations. These customers are located all over the U.S., including retail stores on the east coast, restaurants in Chicago, and corporations in Seattle and other cities that send Fro, Hollow products to their clients as gifts. Each and every value-added product created by Frog Hollow features fruit grown on the farm, including a range of jams. sauces.. preserved fruits and chutneys. Popular items include Saucy Cherry (a scrumptious jar of cherries in a deep, rich cherry sauce), and Abundantly Apricot (a clunky sauce filled with organic apricot pieces), Asian pear chutney, preserved quince and blackberry jelly, and marmalades of navel oranges, peaches, nectarines and Meyer lemons. In addition to processed fruit, Frog Hollow sells a range of pastries,.cakes and cookies, all of which contain fruit from the farm. The gallettes are large fruit tarts with a flaky pastry crust. Atop.the crust is perched organic apples with applesauce glaze, or fresh blackberries, or a pear and frangipani combination. Smaller fruit tarts, turnovers, cookies and b pastries with cream cheese crusts and jam filling also adorn their farmers market tables. These pastry e a items have been enormously popular and are a staple of Frog Hollow's weekly value-added offerings. o N O O In addition to consistent sales each week at their farmers market stands, Courchesne and Smith have also developed a way to sell the gallettes direct to customers through the prestigious Dean & DeLuca ? catalogue, which appears both on-line and in mail-out catalogues. Through a process of quick freezing, P they fill orders from the Dean & DeLuca account within two days, delivering the frozen pastries directly to customers. Lagier Ranches John Lagier states his mission as "recognizing our responsibility as stewards of the earth." He began his farming operation, Lagier Ranches, in 1979 when he purchased a vineyard near his family's farm in Escalon in the Central Valley. About 1990, Lagier decided to diversify his farm by planting three varieties of cherries, berries and citrus. Because of family health concerns, he began the transition to organic farming in 1992, and now all 200 acres are certified organic. In addition to the cherries and table grapes, Lagier grows two varieties of almonds and several kinds of berries, including blueberries, boysenberries, Marion berries and black currants. He also grows some small crops on an occasional basis, such as paw paws, white corn, and jalapeno peppers. Lagier has been selling at fanners markets since 1993, beginning with the Marin County market, and then moving in 1994 to San Francisco's Ferry Plaza Market. In the early days, this farm's mainstay was fresh fruit and unprocessed nuts. However, since these vines have come into production, the global market has wielded a stronger influence on local markets, with more surplus fruit from the Balkans showing up on U.S. shores. This, in turn, resulted in an oversupply on the market. To help with the over-- supply ver=supply problem and generate year-round income, he decided to explore the opportunities available in value-added products. Lagier's value-added business evolved in stages. For about the first year, he rented kitchen time in Ripon a small town about 20 minutes from his farm, and processed his products in batches twice a month. At that time, he used Mason jars and hand-written labels, a "low-tech" operation. Since then, Lagier's business has grown-he now has his own kitchen and his products sport professionally designed labels. Pre-testing products was an important part of Lagier's strategy. Before developing his own products, he tested several jams and spreads sold at farmers markets by other vendors. As he tasted, he felt that most were too sweet and masked the natural flavors of the fruit. With this in mind, he began to develop and test his own line of four varieties of low sugar organic fruit spreads-Marion berry, blackberry, boysenberry and bing cherry. He also makes low-sugar wine jelly. These fruit spreads are now the backbone of his value-added product line. In addition, he sells three kinds of organic fruit pies and a seasonal apple/pumpkin pie. Wanting to extend the business, Lagier put in a packing shed and kitchen at his own farm. Then he began to extend the range of products by drying and packaging organic cherries and raisins. Next came the change from bulk almonds to his almond-based products, which include plain roasted almonds, flavored almonds (tamari, cirmamon and mandarin orange). A popular item is his almond butter, which he sells both in crunchy and smooth styles, using roasted Carmel almonds. Lagier says that what sets this product apart is that he uses a fresh, high quality nut, unlike many nut spreads, which are made from the previous year's harvest or poorer quality nuts. One unusual aspect of Lagier's business strategy is his arrangement with Big Tree Organic Farms. He leases a portion of his property to Big Tree and they grow and harvest the almonds. He then purchases back the amount of almonds he wants to use for his own purposes. Lagier feels this is a less risky arrangement as he generally gets a good return on the almonds. Lagier has developed a variety of sales outlets. Currently he and his co-workers sell year round at three fanners markets: San Francisco Ferry Plaza twice per week, Marin County twice per week, and Oakland b Grand Lake market once per week. He makes about 50 to 70 percent of his value-added sales at the farmers markets (value-added product sales account for about 10 percent of his total farm income.) He ti also sells direct to retail outlets such.as health food stores and small, specialized markets in his local14 o area. In addition, he sells to distributors and wholesale to natural product food chains such as Whole Foods, Veritable Vegetable and Sacramento Natural Foods Coop. The larger food chains such as Whole ? Foods ship to the east coast, but Lagier makes a point of marketing his berries locally, primarily in the Bay Area, in order to maintain control over quality and freshness. Lagier has plans to develop additional flavors of fruit spreads and more varieties of flavored almonds. As he perfects his recipes and procedures, he will test market new varieties at farmers markets and produce those that sell well. Fontana Farms Sharon Fontana owns and runs Fontana Farms, a family farm located in the Central Valley. The secret of her success appears to be based on developing a diversity of products and sales strategies. She sells a variety of products in many venues, and she contracts out to smaller growers who supply her with diverse crops to process. Fontana and her husband bought their 20-acre farm near Turlock in 1979. At the time, they grew table and winegrapes, but over time have diversified to stone fruits, tomatoes, peppers and zucchini. From this produce they make ten different flavors of jam, pear and plum sauce, two fruit-based pepper sauces (apricot and peach) used for meat glazes, five different fruit sauces for dessert toppings, dried fruits, nuts and hot sauce that they sell at their roadside stand and in bulk to restaurants. They also reprocess dried fruits into sauce for Traina Dried Fruits in Patterson, Calif. To develop her products, Fontana leases a commercial kitchen. In addition to her own products, she processes and packages produce for eight other farms-"co-packing" in the trade. Fontana also develops labels and recipes for those farms. This portion of their business constitutes an extension of their original value-added business. At least 50 percent of Fontana's overall farm business derives from processing either her own products or those of other fanners. Sharon Fontana began her value-added business by taking over a small retail gift shop in Turlock. However, she found that the parking was inconvenient for customers so products did not move fast enough. When a rural building near her farm came available she jumped at the chance to take it as it eave her more room and therefore more flexibility to feature the entire range of her value-added products. Because of the building's larger size, she has been able to share upkeep with her son, who sells food gifts in one section of the building, an arrangement that has brought in more customers as well. Even though it is out of town, she discovered that the convenient location-it is on a main conduit to Highway 5-brings in a lot of corrunuter business. Sharon Fontana has developed several business streams in order to stabilize her farm operation. Much of the family business income is derived from sales at the roadside business and at farmers markets. In addition, Fontana sells direct to other roadside stands, and wholesale to a range of retail outlets including Whole Foods, Nugget Market, O'Brien's Market, and small boutique specialty shops in Carmel and Modesto. She also sells year-round at farmers markets in Modesto, Danville and Pleasanton, three markets in San .lose, Los Gatos and Oakland. The fruit from Fontana Farms is tree-ripened, and although it is not certified organic, they do not use chemical pesticides on their crops. Most of their customers are familiar with their growing techniques, since direct marketing allows Fontana and her family enough face-to-face contact to explain how they manage their crops. Direct customer contact and diversified business strategies have strengthened the business over time. Good Humus Farm For 25 years, Jeff and Annie Main have owned and fanned Good Humus Farm.. a 20-acre fann located in the Capay Valley, a rich agricultural valley to the northwest of Davis. A fourth generation D3 b Californian, Annie grew up visiting her grandparents' farm and working alongside them. This fame a became the prototype for.Teff and Annie's, as it was a self-sufficient operation with animals and a variety of vegetables as well as the main crops of grapes and prunes. o ,Teff and Annie are pioneers of the Farmers Market movement, having helped established the now acclaimed Davis Farmers Market in the 1970s.4 The Mains have worked on their organic fame since that time, and now sell exclusively at the Davis Farmers Market, though they have sold at markets in the Bay Area in the past. In addition to farmers market sales, Jeff and Aiuve run a Community Supported Agriculture (CSA) subscription business and sell direct to local retail businesses such as the Davis Food Coop. The Mains grow a variety of fruit, including boysenberries and apricots, and fresh winter and summer vegetables. Out of this crop, they produce a variety of jellies,jams and marmalades. They also grow flowers and herbs that Annie transforms into wreaths and various other home products. Annie, who is primarily responsible for developing the value-added products, emphasizes that a value- added enterprise is not static-her line of products is continually evolving-and in order to be successful, a fanner must be flexible and inventive. In the late 1970s she began making salsas in a certified community kitchen in Woodland (about one half hour from her farm) that no longer exists. Perfect for canning, it had all the necessary kitchen equipment, including huge vats and sinks for washing and processing fresh produce. The salsas were popular at that time because they were new, but eventually many_farmers started producing them, so their uniqueness waned. When the kitchen became unavailable, Annie's salsa production came to a halt. Annie continued her experiments, but ran into obstacles, some related to health regulations and others to restrictions on what could be sold at farmers markets at that time. For example, after the salsas, she experimented with chutneys, but the health department began to raise questions about whether there was enough sugar in the chutney to keep it preserved. Later, Annie wanted to develop a line of herbal vinegars with her home-grown herbs, but at the time, this was not considered a suitable product because fanners market policies then stipulated that farriers must grow or make the products they sell. Since she did not make the vinegar herself, but only let it steep for six months with the herbs, it could not be sold at the farmers market. For these and other reasons, An iie stopped her value-added business for a while in the 1980s. In the 1990s, Annie picked up the value-added concept again, and since then has had a consistent business with her new items. Her products include a popular coarse-cut orange marmalade, various jams and jellies (including rose jelly), dried fruit and seasonal arrangements of dried flowers, wreaths, herb sachets and other herb-based products. Popular new items in'2001-2002 were pomegranate jelly and pomegranate syrup, which she sold during the Thanksgiving and Christmas season. At Christmas, Annie typically offers a gift basket that clients can custom order. Before the season begins, she sends a list to the farm's CSA customers of all available value-added products, offering suggestions about how they can be combined into gift baskets. Subscribers build their own gift by checking off items they want and Annie arranges them into attractively packaged baskets. This strategy has been enormously successful over the past two Christmas seasons-actually doubling her Christmas orders-and Annie plans to expand it. Philosophically committed to selling only locally, Jeff and Annie Main are faced with more challenges than those fanners who diversify by developing markets on.the Web or at fanners markets farther from their farm. Nevertheless. the Mains are widely admired and loyally supported by their regional customer base. Bonnie Z's Dragonfly Floral Bombe Z, located in Northern California's Sonoma County, has established an enterprise that is a unique twist on the typical value-added business.In 1989. Bombe began farming in specialty vegetables. but because this was so commonplace, she decided to grow organic flowers, foliages and vines. which she has been doing since about 1995. As she expanded her flower and herb garden. she established b Dragonfly Floral-a "florist without the florist shop." 3 6 S e a o To supply her floral business, Bonnie grows all kinds.of flowers, shrubs, trees and plant materials on six N acres in Healdsberg. Her gardens are full of unusual flowers, including over 1500 varieties of roses, both o antique and modern. Designed to host a variet} of forms, textures, fragrances and colors, the garden allows her to build arrangements that are uncontrived and seasonal, and take full advantage of nature's P palette. Like the other fanners detailed here, Bonnie sells her product directly to consumers without benefit of advertising or a middle person. She builds business through word-of-mouth referrals from other vendors who work special events, from photographers and from people she has met through the years in the organic farming and farmers market business. Bonnie's specialty is weddings and festive events. She provides a full floral service to individuals, restaurants, wineries, caterers and event coordinators. She also delivers to funeral homes, hospitals, churches and area businesses. Even without advertising she has more business than she can handle. Conclusion At some point, all of these fanners saw the opportunity for expanding their direct farm marketing business by using their products in innovative and lucrative ways. Doing so allowed them both to develop outlets for their creativity and stabilize their farm income. Farmers' motivations for developing value-added products Fanners cited three major reasons for expanding their farming business to include value-added products: to use excess produce, to supplement their regular famling income, and to provide an outlet for their creative talents. In the words of Annie Main, "New products are fun!" Value-added products eliminate waste, use excess produce If there's one thing these farmers detest, it's waste. They hate to see perfectly good fruit rot on the ground or be added too early to the compost bin. The first response to the question of what motivated them all to develop value-added products was that it was an excellent solution to the waste problem. • Annie Main, Good Humus: "We could see how much fruit went to waste each year as the season was drawing to a close. Often the fruit wasn't quite up to market standards for selling fresh, but was perfectly good for canning or making jams or drying." • Sharon Fontana, Fontana Farms: "The best thing about this way of selling is that I don't have to throw away my fruit. I can use the fruit that is left over or not quite right for fresh selling in jams and sauces." y • John Lagier, Lagier Ranches: "Due to the perishability of the berries and cherries, I needed a use for the slightly damaged and too ripe fruit that I could not ship or sell fresh to the market. When it is sorted and frozen quickly,then it is available for making small batches of fruit spread and pies year-round." • Al Courchesne, Frog Hollow Farm: "This is fruit we can't sell to stores or fresh at the market. After 20 years of dumping fruit back onto the soil and seeing all that waste, I wanted to capture this value." As these fanners have discovered. less than perfect fresh fruit is not valued in today's competitive and cosmetic market. Those who sell to exclusive restaurants. niche markets and restaurants that specialize in high quality, organic produce know their fruit and vegetables must be in near-perfect condition. Chefs like Alice Waters or retail markets like Monterey Market in Berkeley hire "foragers" to seek out the highest quality, fresh, seasonal food: hence, the quality requirements are high and the competition is f erce. Says Al Courchesne, "Much of the fruit off the trees and vines is not cosmetically perfect enough to sell to our high-end customers. But the blemishes are minor and don't interfere with the quality of the b fruit." Sometimes the fruit is just overripe or becomes ripe at a time that is not quite right for their 2),3 customers. Sometimes, as with John Lagier's berry crop, there is an overabundance. Value-added L S-Z o products provide an excellent use for this extra, less-than-premium-quality produce. o 0 VMM k, S Value-added products add profit and stabilize farm income Close on the heels of the desire to use all their produce is the potential profit that value-added products offer farmers. Off-season months present a problem to farmers, especially small farmers who rely on direct marketing. By putting their excess produce to Rood use, they can supplement their regular farm income in the slow season. It also allows them to recoup some of the loss incurred from fruit that does not receive top dollar due to minor damage. Sometimes, as with almonds, lower prices are not due to reduced quality, but to market fluctuations. Value-added products can help smooth out these dips (see Table 1). Table 1: Percentage of farm income derived from value-added products Approximate % of farm income Farm derived from value-added product sales (reported as year- round averages) Frog Hollow 25 Farm Lagier Ranches 10 Fontana Fanns 50 Good Humus=1 25 Dragonfly Floral I 80 Note: Seasonal averages can vary S1.gnificantly from these percentages. Overall sales at fanners markets are boosted by value-added products, especially during the off season. In the mid-1980s, Annie Main could see that the fanners market was growing and customers' dollars were being spent on items other than produce. She saw also that farmers could charge about 10 to 20 percent more than.wholesale prices for a value-added product at the farmers market. At that time, Good Humus was at a financial low point so she was looking for ways to capture more of the consumer dollar. She did this by reviving her value-added business.,Because several holidays occur during winter months, she and other farmers often create products that complement holiday tables or that can be used . for gifts, like the pomegranate syrup and jelly, both of which were very popular. Nuts, spreads, sauces, pies and pastries and home decoration items such as wreaths and herbal sachets move especially well during late fall and winter when fresh fruit and vegetables are not as abundant. Similarly, John Lagier could see that customers were beginning to buy packaged or processed products. Knowing;that he grew berries and nuts, some of his regular customers even began asking for items like trail mixes and flavored nuts. Recognizing that this was an ideal way to boost sales and increase profit, he took his customers' advice. Al Courchesne's operation shows the extent to which value-added products can augment overall farm income. During the peak summer season, about 90 percent of his farm income is derived from fresh fruit sales, but during the off-peak winter season. the proportions are reversed with value-added products contributing about 90 percent to the farm income. The value-added portion of the direct marketing business plays acritical role in the farm's year round income. Similarly, for Sharon Fontana, value- added products account for about 50 percent of her overall farm income. This includes income derived from her "co-packing"arrangements with other fanners, which she considers a part of her "processing" business. b Value-added products allow control over pricing 6 f o Developing value-added products also gives farmers more control over pricing and sales outlets. For N example, almond prices fluctuate from year to year. Lagier's flavored almonds and almond butters allow o him to boost sales, increase his profit margin and ride out the price variations. Sharon Fontana also stated that this was an important aspect of her value-added business. Previously she sold their produce to processors, canneries and markets, where the pricing could vary from day to day. If she sold to a cannery. the cannery had the power to set the price on the basis of the way the handlers Graded the product. For example, with grapes, one of Fontana's early products, the processor set a price per ton and then began deducting from that price, imposing penalties based on factors like the number of leaves and stems left in the bunches. Fontana sans they never got the price they were originally quoted. Now, with their own products and their own marketing system, they set the prices,choose their own market outlets and customers, and consistently get what they ask for. Value-added products afford an outlet for creativity Several farmers emphasized that developing their value-added business affords them a creative outlet. Becky Smith is the creative force behind Frog Hollow Farm's value-added products. A professional chef who previously worked at Oliveto, an up-scale Oakland Bay Area restaurant, Smith brought all her expertise; enthusiasm and creativity to bear on the organic farming business. She loves working with high quality fruit in Frog Hollow Farm's professional kitchen, coming up with new product ideas, and taking them out to the public. She continually tries out new products on farmers market customers, which she says brings enorn7ous satisfaction because of the immediate feedback she gets on her pastries and other goodies, Annie Main, too, endorses the fun, artistic and creative side of her business. She plays with new ideas, trying out as many as she can. For her, a fun challenge is to come up with a product not already being sold at the farmers market. In 2002, for example, she wants to try something "old-fashioned" with her quince and crabapples. The dried flower, wreath and herb-related products afford Annie a lot of creative leeway as well. She can combine these in endless variations, and can.create new items for special events, seasonal events.or simply for home decorating. The feedback she gets from customers reinforces her motivation to create new products because she can see first-hand when people love a product and want more. For Dragonfly Floral, the business is an art form in and of itself. Bonnie Z's love of art infuses her business. Trained as an artist, Bonnie Z designed hats before starting this business. (Among her more famous customers was Robin Williams.) She transferred her artistic and creative talent to farming. She saw working with flowers as another art form-they are a color palette. Realizing this, she began to convert the vegetable field into a lush flower and slu-ub garden. Now the garden has evolved into such a beautiful and peaceful spot that, after the attack on the World Trade Center on September 11, 2001, many people asked to come and just sit among the flowers. Year 'round, she gives tours. For Bonnie, as for the other fanners, the farm itself is a source of great love and creative energy. But while the other farmers create value-added products from only a portion of their produce, Bonnie uses her whole crop. Although she could sell her flowers to a wholesaler, she grows them in order to help create beautiful events for people. The entirety of Bomlie Z's product involves creativity-the unique and artistic arrangements of her flowers, plants, herbs and shrubbery. For her, the business is "magical, beautiful and nurturing." Costs of developing a value-added business Equipment costs Value-added helps with overall fame income, but there are extra costs as well. Many of these additional d b costs are extensions of their normal operating costs. However, there are new costs, and depending on thee a operation, these can be quite substantial. For example, to expand their capacity for value-added, both Frog Hollow Farm and Lagier Ranches installed commercial kitchens built according to health o department code standards. This is a substantial investment requiring a large initial capital outlay-in one case 5250;000- and ongoing costs in maintenance to keep them up to code. For an investment like this, s the farmer must feel fairly confident of a consistent, and even growing, market for his or her products. P Even if the market seems to be reliable, these investments add pressure to the business enterprise. Even though Becky Smith loves:her kitchen and feels she could not develop quality products without it, both she and John Lagier remarked that a major challenge of value-added business is the need to continue expanding in order to help pay for large equipment investments. For Lagier, sales have not quite reached a high enough point yet to cover the costs. Although he does have a kitchen, he requires special equipment that is hard to get. Lagier points out that equipment is available at good rates for large conmlercial producers, and very small producers can use home equipment, but the middle-sized producers find it difficult to secure appropriately-sized equipment, some of which needs to be specially made. In his case, he needs to produce large volumes but in small batches, as he must carefully control the fruits in his jams. Not having a kitchen can also cost, though in the long run, not as much. Farmers Iike Annie and .Teff Main do not have their own certified kitchen, so they must rent one for their processing. This is less expensive than putting in their own kitchen, but it does.cost them and it is somewhat inconvenient, since the rental kitchen is used daily for other purposes.This means they must arrange the best time to do their processing. Originally the kitchen they used was in Woodland, about 20 minutes from their farm. Now they use one in Winters, about 40 minutes from their farm and must transport all their camiing and processing equipment to it. Typically, they end up doing "a marathon caroling session about four times a year, working until the wee hours of the morning," in order to make the most of the rental time. Sharon Fontana, too, leases a certified kitchen through the state and county. It comes equipped with a 40-gallon steam-jacketed kettle, which has allowed them to increase their output by about 40 percent. In this case, the lease has been worth the cost, since it has.increased their volume. Other costs Al Courchesne and Sharon Fontana pointed to many additional direct and indirect costs. Several apply to the entire year-round business, not just to the value-added portion, but are nevertheless higher because of the expanded year-round enterprise. Gas is a major expense for Fontana, as she drives to up and down the Central Valley several times per week, not only to farmers markets, but to roadside stands, her processing kitchen, and client outlets. Labor, of course, is a major expense for all farmers (see below). Other expenses that people may not anticipate include upkeep of equipment(especially transport trucks), electricity, and ingredients that are not grown on the farm, such as spices, fixers, sugars, oils or vinegars. In an interview on this subject, Robert Farr says in "The Chile Man," "We have to purchase all the things we can't or don't have time to Grow or make. Things like nutmeg, cinnamon and lime; vinegar, pepper, salt and mustard flour. bottles, labels and shipping supplies. And then there's the expense of marketing."_ Bonnie Z reaffirmed this when she said that she must purchase all the support materials for her floral arrangements, such as ribbons, tying string, foam pieces, wrapping papers and so on. In addition there are such costs as amortization of buildings, insurance, leasing fees and stall fees at the market. and truck insurance. Codes Any time a farm operation makes structural changes or constructs new buildings, building permits must be obtained from the county's building code offices, which costs time as well as money. The California Health and Safety Code is the state law that governs food sanitation for food handling and processing, including farmers markets and commercial kitchens for value-added, processed products. Under this law, any processed foods sold to the public must be prepared according to conunercial kitchen standards. Commercial kitchens must be approved during the plarming and construction stages by both the county and the state, and after they are operating, they are subject to regular inspections by both. Frog Hollow Farnn's kitchen was built according to all code specification from the beginning, so after the b initial inspections, they have not been subject to penalty fees or design changes. Lagier Ranches' kitchen- o is certified as a processing kitchen for both conventional and organic products, and certified by ti California Certified Organic Fanners (CCOF). This requires abiding by strict sanitary and health rules, o including storage temperature and pH factors, hazard analysis and manufacturing practices. The CCOF certification also determines what kinds of products can be used for preserving or fixing (as with jams ? and jellies). Lagier Ranches' packing shed also falls under these regulations. In addition to kitchens, other buildings must be code-approved, and any expansions, upgrades or upkeep for these spaces cost money. The Mains need drying, processing and storage 'space on the farm because Anne prepares dried flowers, wreaths and a variety of herbal arrangements. Similarly, Bonnie Z requires refrigeration and storage space, even though the flowers are not as perishable as food. Since her old barn was overflowing, she has begun to build a new barn with a walk-in cooler. Even though she does not have to store her flowers for long, refrigeration is essential because the flowers need to look picture perfect when they arrive. Health codes regulate the types of food than can be processed as well. Early on, Annie Main tried to can chutney, but a health inspector told her that "low acid" foods require special certification to guard against botulism. This includes vegetables used in chutney, like peppers, onions, etc.-anything that does not contain enough sugar or acid to protect the produce. Because of this restriction, she abandoned the experiment with chutney and focused on foods that are easier to process and store. Health code issues vary from county to county, with some counties stricter than others. For example, Health Department regulations apply to what can be sold.in various zoning regions, which Sharon Fontana discovered when she wanted to expand the parameters of her roadside stand. Under the original owners, the roadside stand sold products (dried nuts and dried fruits) that fell under the agriculture category. At one point, she expanded it so that a portion was a delicatessen and got a "use" permit for that change. However, when Fontana's family bought in and wanted to modify it into a more comprehensive small store, they ran into difficulties because the area is not zoned for commercial space. Eventually they got approval,subject to other requirements such as getting the water tested and bringing the well and septic system up to code. Fortunately for them, their septic system fell under a grandfather clause, which helped defray costs. Nevertheless, health codes and regulations are a major factor in determining whether a farmer can or should expand his/her business.c Labor Labor constitutes the largest portion of fans.costs, and 'increases because of the value-added business. As John Lagier says, "Running a farm is labor and equipment intensive. There's a lot of labor required for picking small fruit by hand. About 20 percent of the gate value of my produce is absorbed in picking and packing." Lagier notes though that value-added products help recoup some of the extra expense. Farmers vary in the way they deal with labor and the cost of labor. Only one of the farmers interviewed pays health benefits or workman's compensation to employees. Originally John Lagier prepared most of the spreads himself, but now has an employee who has assumed the production while he has returned to the core business of farming. Although the additional employee adds cost, overall it pays off economically for Lagier to be able to get back to farming. Frog Hollow Farm is a larger operation, supporting about 15 people during the peak season in the kitchen, packing shed and out in the field. During the winter months, it employs three people, who range from field laborers and kitchen assistants, to packers, administrative, Web site and computer help. Value-added products help regulate yearly expenses by building income during the off season when the need for labor is less intense. Bombe Z employs two people to work in her garden and between two and five people at various times doing the design work. Most of her events occur from Thursday through Sunday, and on a typical weekend, she has about six people working at five events. Labor is a major expense for her, but she says she has an excellent staff who work hard as a team and very much enjoy their work. Some farmers are able to keep labor costs down. Sharon Fonatana keeps hers to a minimum by having O her son run the retail portion of their roadside deli stand. She does the farming and all family members a share the farmers.market visits. They hire one worker in the summer to help with picking. Most of her o costs are for packaging and labeling. as well as for the gas and upkeep of the trucks. Similarly, Annie o Main does most of the value-added work herself. occasionally putting her kids to work as well! Her \ husband, Jeff, does most of the farming, while Arlie develops and modifies their products. ? Additional labor costs accrue in the form of indirect expenses. For example, Becky Smith reports that she spends.about 30 to 40 percent of her time ("too much!") at the computer on orders and accounting and/or devoted to marketing their products. Although she would much prefer to be in the kitchen, these aspects of the business cannot be neglected, and if a family member does not take them on, someone would need to be hired. Also, for those farms with a Web site, someone must provide fairly continuous attention. A,ain, this is often attended to by a family member, but if that is not possible, the farmer must pay an outside employee. Marketing . In today's business enviromnent, making a ;ood product is not enough-you have to be able to market it. As John Lagier states, "Producing the product is the easy part of the equation. The hard part is.trying to break into and keep up with the really good markets." Marketing is costly, mostly in time and effort, but also in materials. Becky Smith noted that at Frog Hollow Fam-i, they are constantly trying to figure out the most attractive and servicable packaging and labeling. For example, the cakes and gallettes need to be nicely packaged both for the farmers market stand and for other wholesale sales. When they choose wrappings for the Dean and DeLuca catalogue products, they must look for certain types of packaging materials that hold up better in shipping and are more attractive for that upscale market. Although farmers market clients are not as particular, Becky still must think about packaging for freshness, attractiveness and portability because many pastries are not consumed on the spot. Thus, she spends a lot of time "tweaking the look" as she puts it-selecting the best cellophane or other wrapping deciding whether and where to place a label, practicing the most attractive ways to tie the wrapping (ribbon, string, etc.), deciding what kind of paper or cardboard to use on the bottom of the cake, and whether the pastry needs something around the sides to support it. Design work also is demanding, as design and logos are an essential component of marketing strategy. The original look of Frog Hollow Farm's logo-a variation on the "Wind in the Willows" book theme-was designed in the early 1990's. A] Courchesne wanted a image that connoted animals' connection to the earth, a return to nature, community and home, values that seemed to him present in "Wind in the Willows." Deb Russell, agraphic artist, was commissioned to draw the design in such a way that it would convey a unique brand identity that was both appealing and resilient. It has served them well, but because of their desire to keep the image fresh, they must revisit it frequently to make minor adjustments. Each time farmers modify an aspect.of their product or create a new one, they must reconceptualize their design. For example. Frog Hollow Farm changed their jams to smaller jars because feedback from customers indicated that people would prefer less quantity in a smaller jar. This change entailed reworking the jars' labels to proportionally fit the new size. Other considerations can include whether to print a label in two or four colors.Four color printing is livelier and more attractive, but much more expensive and less flexible if quick and easy changes are needed. Farmers must also consider whether there is someone in-house who can do the design work, or whether it needs to be contracted out. Bonnie Z designed her own distinctive dragonfly logo and it has worked well since the be;irming. One way to cut costs is to do as Annie and .Teff Main did and trade for services. Annie has a friend who is a botanical illustrator. and who has always done their label work for trades. Annie herself consults label books for ideas, content issues and names. John Lagier approaches the labels with costs in mind as well. He has an Allegro printer that he uses to print Iiis own labels. and prints them in bulk. He also owns a machine that can produce stock labels, which he uses for some of his products. For others, like his then, boxes, he has an artist custom design the label. Becky Smith emphasizes that the overall marketing effort requires a lot of time, energy and hard work. b Competition is keen.. and, like any business, growers need to be aware of what other companies are doing. This is even more.true for fanners who sell at venues other than farmers markets. When selling at ti fanners.markets, operations like Fro, Hollow Farm compete with other farms, and because the same o people sell each week, farmers quickly become familiar with their competition. They also develop personal relationships with their customers, who tend to be regular and loyal. However.. on the open - market they must compete with faceless commercial businesses. In this enviromnent,jams and sauces are especially difficult to market because grocery outlets have many large-scale suppliers who sell a range of products. Not only are small farmers competing on a large scale, but they do not have the opportunity to talk to customers about their products. Therefore, they cannot develop personal relationships, which is such an important factor in direct marketing. Bombe Z also notes how much time it takes to work on marketing and consulting. Since she works with people on all kinds of special events, including weddings, parties, birthdays, bar mitzvahs and sometimes funerals, each event is different and requires special attention. Bonnie estimates that she works 16 to 18 hours per day seven days a week and emphasizes the physically demanding nature of the job. Of that time, she estimates that she spends up to,50 percent consulting with customers on their upcoming event, working out costs and logistics. She speaks for all the interviewees when she says she loves the work and the people but dislikes the paperwork. Robert Farr, author of"How the Chile Man Got his.Skin," quotes one of his first bosses as saying, "Marketing only works if well promoted." Farr continues, "That means you just have to tell people what it is you do-and you have to tell a lot of them. Even though a farmer may know why his or her product is superior to amass-produced product, a buyer may not. Farmers Have to market aggressively and be proactive in explaining exactly how the fruit, vegetables or flowers are grown, how the product is made and exactly why it is better than a product that might cost less. Whether it's giving taste tests, providing customer testimonials, or offering a portfolio of photographs, farmers must pay attention to what works well-and repeat it! How farmers determine pricing for their value-added products Fanners use a combination of direct experience at the fanners market and some analysis of the overall market to deterZine how much to charge for their products. They also have an intuitive sense of how much their product is truly worth and they use all this information to set their price. Fanners know that their value-added product will be set at a higher price than supermarket equivalents, but they know too that the quality is worth the extra dollars. Al Courchesne, for example, knows that most Americans expect to buy jam for $3 to $4 per jar or less. The fact that they are not used to paying for high quality can become an obstacle in direct marketing. However, he knows too that his fruit is premium quality and his jam is worth the higher price of$7 to $9 per jar. Part of knowing what to charge is lamowing the clientele. Courchesne and others acknowledge that. in general, their clientele is upper middle class, which constitutes a niche market of consumers interested in good food and willing to pay for it. Another aspect of marketing is consumer education. Knowing that people are resistant to paying higher prices for quality food, Courschesne is prepared for the long slow process of re-orienting and re-educating the general public about farming and food. For him, educating customers and wholesale buyers is an on-going process. For the most part, Courchesne and Smith set their retail prices by their experiences at the farmers markets. It is there that they determine what sells to customers, and at what price customers will return to buy a product. They ask themselves, "What are they willing to pay AND come back for?" This is the question Courchesne uses as a benclunark. He noted that a farmer can sell a product to anyone once, but it is only when customers return to buy at the same price that a viable market price has been determined. And the farmers market is the best place to ferret out this information because farmers talk directly to their customers. "Our customers tell us!" they say. By interacting directly with their customers, they can determine the top price people are willing to accept, but they also "roughly cost things out," according to Becky by estimating their various costs and figuring out how much they need to make to cover them. Froj Hollow Farm keeps prices the same at all the fanners markets, but they sell wholesale to retail 'D- b outlets so the store can sell to their customers at the same retail price the product is sold for at the o farmers market. The example Al Courchesne gave was selling ajar of jam to a retail outlet for$4 so the N retail store can sell it at $7.00-the same price a customer would pay at the farmers market. Each retailer o has a different formula for mark-up, so wholesale prices vary depending upon the store. The grocery chain Whole Foods. for example, has a company-wide policy to double the price of whatever they buy, P so depending on the general market price of a product, Frog Hollow Farm might get less from them than they would elsewhere. - John Lagier has a similar pricing structure. He figures his costs for making a product and then figures what he needs to receive to make a profit. He also does a competitive analysis of the competing products. He has a three-tiered pricing system: farmers market prices are the highest, next comes wholesale, while the lowest prices go to the two distributors he sells to in the Bay Area. For Annie Main the farmers market prices are higher than wholesale by about 10 to 20 percent. Main says that she is "constantly evaluating the market. It's always changing, and I am always changing products. Part of marketing is knowing what to charge and how to appeal to customers." Sharon Fontana does the majority of her business at farmers markets and roadside stands. She empahsizes that when she sells wholesale to markets, she has control over pricing. She sets the price, and they can take it or leave it. She chooses the markets she wants to sell to, and makes a point of selling to a wide range of clients, from Save-Mart grocery stores to upper end markets like Nugget Market in the Woodland, Sacramento region. This way, she maintains a diversified market base. Indeed, Fontana says that it is difficult to separate the percentage of income originating from the different arenas of her business because there are so many different.marketing avenues. Bonnie Z is more methodical in her approach. She checks standard prices for her type of product and service and is aware of market demand. Like all the farmers, she also relies on her experience. After several years, she has learned where to set her prices and feels she is competitive. Unlike most floral shops, which charge by the stem and then multiply by 5.5, Bonnie bases her prices on the arrangement. Bonnie notes that she would find out quickly if her prices were too high, because people would balk at ordering from her, not come back, or not promote her business by word of mouth. Bonnie Z also knows her clientele. The typical age range is 25 to 35 because she does so many weddings (although she also does many weddings for older couples). In the main, her clientele are educated professionals, such as doctors, lawyers and administrators. She forms personal relationships with them and then "tend[s] to give good people good prices"-she accommodates different needs and circumstances. All this helps to build a reliable reputation, which keeps her customer base consistent. Overall, then, these growers recommend knowing your product and feeling confident about it, knowing your clientele and having face-to-face conversations with them, spending at least some time analyzing the market, and figuring out a cost/profit ratio all of which contribute to a sound pricing policy. ....... _. .... Satisfaction and benefits The work these famners do is definitely a labor of love.Although they all report some profit, the margin is slim,the risks are high and the work is very hard. Yet they all get an enormous amount of satisfaction out of it. Their satisfaction is difficult to quantify. but appears to be made up of equal parts of the following: 9 love of farming and the fanning life . enormous pride in the quality of their products . enthusiasm for the challenge and creativity required i D.3 6-05-2007Fxhihit . dedication to farriers markets and customers. i Annie Main says that she can not separate out the product and the process-the veggies, the value-added, the farmers market are all cut from the same cloth. She and Jeff are completely dedicated to the philosophy of buying and selling locally. They have decided not to travel to other farmers markets or to include produce from other areas in their CSA boxes because then they would not be living and working in their local region. It is important to them'to live out their philosophy, not just speak it. As far as the value-added process goes, Annie says it "fun, artistic and creative." Over time, she has realized that people like new items and she rises to the challenge by coming up with new ideas each year. She realizes that in some years she does better than in others, and it is challenging to figure out why. The farmers market is her venue for this exciting process. The market is where she gets new ideas from customers and other vendors, and where she tries out ideas. It is a way to talk to customers to see "what's hot." And it allows her the immediate feedback she needs to see what works. For Annie, and for her husband Jeff, fanning and the farmers market is a way of life. Frog Hollow Farm partners Al and Becky also wax poetic about fanners markets and their market customers. The face-to-face contact with customers is vitally important to them. Al says, "It's great fun!" And Becky agrees, "There's a lot of satisfaction in selling at the market because the feedback is so immediate, you form relationships with the customers." For them, selling at fanners markets is definitely more satisfying than selling to retails stores, even than to special niche market stores. When they sell to a store,they have no idea how the products are displayed or handled. They don't have a chance to talk to customers to tell them what goes into the product and why it is so good. But all this they can do at the market, which is what makes it so very satisfying. Al is very outgoing, and enjoys seeing his regular customers week after week. During our interview, I overheard him speaking on personal terms to many of his customers. Having grown up in Berkeley, he has formed customer friendships that stretch back many years. He says "It's a sensuous experience! It heightens my experience of life." The fanners market has also helped expand A] and Becky's value-added business. The San Francisco Ferry Plaza market in particular is a magnet for all kinds of people interested in good food. Famous chefs, restaurateurs, food specialists, and retailers come to that market to be a part of the city food scene and to see what is new, fresh and available. Many chefs plan their menus around seasonal fresh foods. For all fanners interviewed, the farmers market generates significant outside business from restaurants, stores and businesses all over the U.S. Here, too, farmers come up with new ideas. For example, Becky Smith freely gives tastes to customers and engages them in conversations about the products. She finds the interaction and creative challenge most stimulating and satisfying, and with that energy, she keeps the value-added business alive and fresh. Pearls of Wisdom During the course of the interviews, fanners offered several pieces of advice to farrners who are contemplating begimling a value-added business: Al Courchesne,(Frog Hollow Farm): Quality of the fruit makes all the difference. People can taste the difference. It separates your products from other similar products. Having a great chef(Becky) who knows how to make superb pastries also makes a big difference. Finally, nothing can take the place of being at the market and representing the products face-to-face. We get to lalow our customers personally and create a personal relationship with them. We love what we are doing, and this adds to our success. Becky Smith (Frog Hollow Farm): Marketing takes a lot of time, energy and work. You have to stay on top of it all the time. You have to know what other people are doing, and you have to be aggressive, very active. The work is very labor intensive. You have to love it-we do! D.3 6-05-2007 Exhibit • John Lagier (Lagier Ranches): This kind of business takes time and is capital-intensive. Fam-iing isn't "a slam dunk thing." You have weather and all sorts of variables to contend with. Do as much competitive analysis beforehand as possible. Figure out pricing. Look at price points and see if you can compete. If your product is priced too high, it won't move. Do vour homework. Be willing to put a lot of effort into it. It takes a lot of time. Sharon Fontana (Fontana Farms): Be willing to put in long hours. Find good locations for roadside stands, where the traffic patterns are good. Be proactive with the Health Department. Find out about the codes and requirements and figure out how to cooperate with county officials. Annie Main (Good Humus Farm): Be willing to live your philosophy! Stay local. BonnieZ (Dragonfly Floral): Create a beautiful and nourishing space and a business that you love. The rest will follow. Conclusion Passion is a word that frequently springs up when farmers talk of their work. John Lagier, after stating that you have to "have some screws loose" to do this kind of work, admitted that he is passionate about it. He loves farming and enjoys making a product that he knows is very high quality. The positive feedback from customers confirms his feelings about his products. The farmers market becomes the arena for interacting with his customers, trying out new ideas and keeping his creative energy alive. Although Bonnie Z does not sell at farmers markets, she echoed the sentiments of others when she said that the most positive aspect of this business is "people's appreciation." Her business in particular is built around meaningful occasions. For this reason, people truly appreciate her flowers and arrangements. She often receives thank-you letters, such as.the one from the mother whose son had died and for whom Bomzie had arranged funeral flowers."Flowers have real meaning to people;" says Bonnie. ",The great appreciation and pleasure people get from the flowers, the arrangements and the garden itself are the real payoff." y Sharon Fontana speaks for all when she describes her feelings: "It's really hard work," all the farming, developing products,processing, marketing, the long hours and the long drives. But the reward for all that hard work is when she can go to the markets, meet people, get direct feedback on her products and "soak up some of the praise." For these farmers, what keeps them going is the immense satisfaction of knowing that they have grown something living on their own soil and through their own hard work and creativity have produced a unique, high quality product that people love. These are the reasons that fanners are driven, screws loose or not, to continue in their chosen endeavor. And we are the luckier for it. 'This case study is part of a tri-state research project on Retail Farmers markets and Rural Development funded by the USDA. '-Farr,Robert.Ho%r The Chile Man Got His Skin:Value-Added Marketine for Farn Success in ACRES,USA,Vol 32,No 6,June 2002. 3 www.froahollow.com See the Davis Fanners Market Case Study on UC SAREP's Web site:www.sarep.ucdavis.edu. Click on Community Development/Public Policy. 5 Farr, Robert, How The Chile Man Got His Skin: Value-Added Marketing for Farm Success in ACRES, USA, Vol J2,No 61 w June 2003. a 0 6 University of California Small Farm Center.Agritourism and Nature Tourism In California:A How-To Manual for Farmers and Ranchers.Division of Agriculture ;^ - N and Natural Resources publication,2002!Ch 4,p131.Contains further information on code requirements. V 7Farr, Robert, How The Chile Man Got His Skin: Value-Added Marketing for Farm Success in ACRES, USA, Vol 32,No 6, ,lune 3002.p.8 oa References Farr, Robert, Hoiv The Chile Man Got His Skin: Value-Added Marketing for Farm Success in ACRES, USA, Vol. 32, No 6, June 2002 Ohmart, Jeri L. Danis Farmers Market Case Studio. UC SAREP's Web site: 1A>1Anv.sarep.ucdavis.edu. Click on Community Development/Public Policy. University of California Small Fann Center.Agritourism and Nature Tourism In California:A How-To Manualfor Farmers and Ranchers. Division of Agriculture and Natural.Resources publication, 2002 (Ch 4, p13)). Contains further information on code requirements. Web sites: www.frohollow.com www.dragonflyfloral.com Home I Search I Calendai I Contact Us I Webmaster I Copyri,ht Notices D.3 6-05-2007 Exhibit APPENDIX C. COMPARISON TABLE OF ROADSIDE STAND REGULATIONS IN OTHER COUNTIES D.3 6-05-2007 Exhibit APPENDIX D. SAMPLE FARM STAND PERMIT APPLICATION (DRAFT- WORK IN PROGRESS) D.3 6-05-2007 Exhibit DRAFT CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO BE FILLED OUT BY APPLICANT OR OWNER OWNER APPLICANT Name Name Address Address City, State City, State Phone Phone By signing below, owner agrees to pay all costs, including any accrued By signing below, applicant agrees to pay all costs for processing this interest,if the applicant does not pay costs. application, plus any accrued interest, if the costs are not paid within 30 ❑Check here if billings are to be sent to applicant rather than owner. days of invoicing. Owner's signature Applicant's signature CONTACT PERSON(optional) PROJECT DATA Name Total Parcel Size: Address Proposed Number of Units: City, State Proposed Square Footage: Phone Estimated Project Value: DESCRIPTION OF REQUEST(attach supplemental statement if necessary): Application description: Property description: Ordinance Ref.: TYPE OF FEE FEE S-CODE Assessor's No.: - Area: *Base Fee/Deposit $ S- Site Address: Late Filing Penalty Fire District: +50%of above if applicable) $ S-066 Zoning District: Sphere of Influence: Census Tract: Flood Zone: Atlas Page: Panel Number: General Plan: x-ref Files: Supervisorial District: Received by: Date Filed: Concurrent Files: TOTAL $ Receipt# File Number: FS INSTRUCTIONS ON REVERSE SIDE I D.3 6-05-2007 Exhibit ®RAFT SUBMITTING YOUR APPLICATION 1. PREPARE a plot (site) plan, floor plan(s) and building elevations clearly and legibly drawn to a commonly used scale together with the required supplemental information, and verify(by initialing)that the information is included with the application: Applicant's Initials Plot(site)Plan a. All existing property lines labeled and dimensioned. A larger scale detail of the Farm Stand area with ingress and egress, parking and distance from edge of the right of b. way c. All existing and proposed improvements with distances to property lines. d. All public and private roads, easements and drainage installations adjacent to the subject parcel(s). e. Names of adjoining property owner(s). f Area of the subject parcel(s)officially mapped within the boundary of a Special Flood Hazard Area(if applicable). g. A vicinity map showing sufficient information such as streets, highways, railroad tracks, water bodies, landmarks etc. to locate the subject parcel(s). Floor Plans h. All rooms with their dimensions and use(i.e. sales area, storage,bathroom, etc.)including square footages i. All outdoor sales and display area including square footage Building Elevations j. Exterior appearance of building(s)including dimensions(height,width, depth)of all proposed improvements.. k. Photographs of existing building(s)with building dimensions shown 1. All signage Agricultural Products Grown and Sold(supplemental sheet) M. Indicate on-site agricultural products and note if permanent or seasonal. If seasonal indicate general season n. Indicate off-site agricultural products anticipated to be sold and where they are produced. o. Indicate square footage to be devoted to value-added agricultural products and type of product. a. If valued-added product is a food product submit evidence of approval from the Environmental Health Department. P. Indicate square footage to be devoted to non-agricultural items and the types of items to be sold. 2. HAND DELIVER(do not mail)the following to the Contra Costa County Application&Permit Center: q. Three(3)sets of plans and supplemental information r. Completed application form(reverse side of this sheet). S. *Required deposit and miscellaneous fees. Checks may be made payable to Contra Costa County. Please note that the fees described on this form are related only to the Contra Costa County Community Development departments' costs for reviewing your application.Additional fees and requirements may be imposed by federal,state and local agencies that may be involved in reviewing your project. APPLICANT VERIFICATION I verify that all of the information submitted as indicated by my initials is complete and accurate to the best of my knowledge and further acknowledge that should it be found that any of the information is incorrect or incomplete it may result in increased processing time and/or costs. I acknowledge that all staff costs are borne by the applicant and if necessary, additional deposits will be required. I also acknowledge that I have completely read this form and understand all of the information stated herein Signature Name(print) Date Contra Costa County Community Development Department Application&Permit Center 651 Pine Street, 2"d Floor—North Wing Martinez,CA 94553 (925)335-1381 D.3 6-05-2007 Exhibit 7 is f: nrf' .y" EXAMPLE PLOT PLAN 710' I � - SCALEt 1'=100' III 60, GARAGE ,Lp SEPTIC TAW PROPOSED LOCAT77� 30 loo OF USE a izs• 6 W v HOUSE n _ 300' m - a o ` ,VELE m CENTERLINE OF STREET NAME OF STREET D.3 6-05-2007 Exhibit EXAMPLE PLT PLAN d. (r-- 150W t r LEACH LINES J ' SEPTIC � — TANK �J 70.00' PROPOSED o STRUCTURE cu 0 0 N �' 3 P ¢ w Y > � a a d 445A0' SCALES 1'=40' AR G 0 0 O !m RIGHT-OF-WAY '\ LANDSCAPING \\ EXIT SIDEVALK ENTRANCE 0 m CURB AND GUTTER--/ AND EXIT CENTERLINE OF STREET 6 STREET I REQUEST TO SPEAK,F.QRM (3 Minute Limit) I wish to speak on Agenda Item#: Complete this form and place it in the upright box near the Date: -51- v `. speaker's podium, and wait to be called by the Chair. Personal informatioia is optional. This speaker.'s card will be My comments will be: El ,General incorporated into the public record of this meeting. 11( For Name(PRINT): -. NA C"t CAS LA5 ❑ Against To ensure your name is announced comectty,you rnav want to include its phonetic spelling U ❑ I wish tospeak on the subject of. Address: _ JAIUM ISAbTA" �B� �� ��.QP t9�.¢un✓il City: Kr5As-Ngr c�fSZ.'> Phone: 'I.S ` (ja ke I iun speaking for: ❑ Myself Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (Use the back of this forni) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to s eak on A "enda Item #: Complete this form and place it in the upright box near the Date: U 4/lue speaker's podium, and wait to be called''by'the Chair. My comments will be: ❑ .Gener Personal infornration is aptional. This'speaker's card will be incorporated into the public record of this meeting. For t Name (PRINT): 1 11 4 el(i El Against Toeiistir-eyoiti-tiaiyteisaiiiioti?icedcorkdtlyyoziiitayii,aiittoiiicitideitsplidnetie spelling O ' I wish to speak on the subject of. I Address: i j City: �rcn+w 0 0 Phone: X92 6Z�- �bbf� 1 am speaking for: Myself Organization: &rqd Ido not want to speak but would like to leave comments for the Board to consider (Use the back of this foriit) i I June 5,2007 Board of Supervisors Continued Public Hearing on Farm Stands and Farm Markets Ord.,County Files:GP#06-0005&ZT#06-0003 Page 6 LIST OF EXHIBITS Exhibit No. 1: Farm Stands and Farm Markets Ordinance No. 2007-23 (Proposed) Exhibit No. 2: Proposed text changes to Agricultural Core (AC) land use designation, Land Use Element, and addition of policies to Agricultural Resources section, Conservation Element, General Plan Amendment, County File: GP#06-0005 Exhibit No. 3: Board Resolution No. 2007/258 Exhibit No. 4: County Planning Commission Resolution No. 2007-11 Exhibit No. 5: Written Comments from Janet Caprile submitted to County Planning Commission, dated April 24, 2007 Exhibit No. 6: Staff Report to the County Planning Commission, dated April 24, 2007 EXHIBIT NO. I FARM STANDS AND FARM MARKETS ORDINANCE N0. 2007-23 (PROPOSED) r: INTENTIONALLY BLANK G �os-d7 EXHIBIT NO. 2 PROPOSED TEXT CHANGES TO AGRICULTURAL CORE (AC) LAND USE DESIGNATION, LAND USE ELEMENT, AND ADDITION OF POLICIES TO AGRICULTURAL RESOURCES SECTION, CONSERVATION ELEMENT, GENERAL PLAN AMENDMENT, COUNTY FILE: GP 06-0005 k. E INTENTIONALLY BLANK 713 DRAFT G-rrYd7 AS RECOMMENDED TO BOARD BY CPC,4/24/2007 EXHIBIT 2 PAGE 1 PROPOSED GENERAL PLAN AMENDMENT TEXT CHANGE TO THE AGRICULTURAL CORE (AC) LAND USE DESI6NA7710N, AT PAGES 3-24 TO 3-25, CH. 3 LAND USE ELEMENT. NEW TEXT ADDED TO INCLUDE AGRICULTURAL PROCESSIN6 FACILITIES (VALUE-ADDED A6RICULTURAL USES), FARM MARKETS, AND TEMPORARY EVENTS AS ALLOWED USES IN AC THROUGH A LAND USE PERMIT(CONDITIONAL USE). "(c) Agricultural Core (AC). This designation applies to agricultural lands that are composed primarily of. prime (Class I or II) soils in the Soil Conservation Service Land Use Capability Classifications, which are considered the very best soils for farming a wide variety of crops. Lands designated as Agricultural. Core are located in East County outside the ULL to the east, south, and west of the City of Brentwood. Much of the land in this designation is under active cultivation of intensive row crops, such as tomatoes and other vegetables. A portion of the Agricultural Core lands are included within the 100-year flood zone, as identified by the U.S. Federal Emergency Management Agency (FEMA). The purpose of.the Agricultural Core designation is to preserve and protect the farmlands of the County which are the most capable of, and generally used for, the production of food, fiber, and plant materials. Agricultural operations in the Agricultural Core shall, in accordance with Measure C - 1990, be protected by requiring a higher minimum parcel size than the Agricultural Lands designation, to attempt to maintain economically viable, commercial agricultural units. The creation of small uneconomical units will be discouraged by land use controls and by specifically discouraging minor subdivisions and "ranchette" housing development. The uses that are allowed in the Agricultural Core designation are the same as those allowed, without the issuance of a land use permit, in the Agricultural Lands designation, specified above. Except for an agricultural processing facility, which changes or alters an agricultural product from its natural .state into an item for ultimate sale to the consumer, so as to increase the value of the agricultural product (also know as a value-added agricultural product); or, a farm market, which is accessory to an on-site agricultural operation used for direct sale to the consumer of locally grown agricultural products, value-added agricultural products, and a limited amount of non- agricultural items; or, a temporary event pursuant to the County's Temporary Events Ordinance ( County Ord. # 2005-25) fe winefie& and none of the uses described as conditional uses in the Proposed Text Changes Red Bold Underline=New Text Strikethrough=Deleted Text �3 DRAFT y-5-e)7 A5 RECOMMENDED TO BOARD BY CPC,4/24/2007 EXHIBIT 2 Agricultural Lands designation are considered appropriate in the Agricultural PAGE 2 Core designation. A land use permit for_the_groduction and direct marketing of "value-added" agricultural products such as a winery in conjunction with a planted vineyard, or olive oil mill in conjunction with a planted orchard, including a tasting room and limited retail sales area associated with such uses) or a farm market for the direct sale to the consumer of agricultural products and value-added agricultural products produced on-site or proximate to the site, or a temporary event as defined in Chapter 82-44, County Ordinance Code, Title 8: Zoning), may be issued upon a determination that such facility or use I&GRIfiee-and their accessory uses structures will not conflict with the goal of preserving and protecting the prime farmlands in the Agricultural Core. This Plan discourages the placement of public roadways or new utility corridors which would adversely affect the viability of the Agricultural Core if economically feasible alternatives exist. Residential uses are allowed in the Agricultural Core according to the following standards (in accordance with Measure C - 1990): (1) the maximum permitted residential density shall be one unit per 40 acres; (2) subdivision of land which would create a cluster of "ranchette" housing is inconsistent with this plan; and (3) residential and non-residential uses proposed in areas of special flood hazards, as shown on FEMA maps, shall conform to the requirements of the County Floodplain Management Ordinance (County Ord. #87-45) and the further requirements outlined in the "Delta Recreation and Resources" section (d) (5) below.' Proposed Text Changes Red Bold Underline=New Text Strikethrough=Deleted Text i DRAFT AS RECOMMENDED TO BOARD BY CPC,4/24/2007 EXHIBIT 2_ PROPOSED 6ENERA1- PLAN AMENDMENT TEXT CHANGE TO AGRICULTURAL PAGE 3 RESOURCE POLICIES, POLICIES ENCOURAGING ECONOMIC VIABILITY OF AGRICULTURE, PAGE 8-24, B. CONSERVATION ELEMENT NEW TEXT ADDED TO INCORPORATE "VALUE-ADDED AGRICULTURE" CONCEPT WITHIN POLICIES 8-41 AND 8-44. "Policies Encouraging the Economic Viability of Agriculture 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. 8-42. The importance of the agricultural production, processing, and services industry within the County shall be recognized, and agriculture shall be integrated into the County's overall economic development programs. 8-43. The physical and service infrastructure, public and private, which supports agriculture shall be promoted. 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. 8-45. Efforts to assure an adequate, high quality, and fairly priced water supply to irrigated agricultural areas shall be supported. 8-46. Maintenance and reconstruction of Delta levees shall be encouraged to assure the continued availability of valuable agricultural land protected by the existing network of levees and related facilities. 8-47. The County shall ensure that its fiscal policies and practices provide the maximum lawful protection to owners of agricultural lands. 8-48. Farm worker and farm family housing may be permitted in agricultural areas to meet the needs of locally employed transient and permanent farm workers and family farm workers. In addition to the 40-acre minimum parcel size, and preservation agreements, other standards and policies to protect the economic viability of agricultural land shall be established. These may include conservation easements, an agricultural soils trust fund, and agricultural mitigation fees.' Proposed Text Changes Red Bold Underline=New Text 5trikethrough=Deleted Text INTENHONALLY BLANK o S- 07 EXHIBIT NO. 4 COUNTY PLANNING COMMISSION RESOLUTION NO. 2007-11 a s INTENTIONALLY BLANK '7: 3 6—S—e7 RESOLUTION NO. 11-2007 RESOLUTION OF THE COUNTY PLANNING COMMISSION, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING A PROPOSED GENERAL PLAN AMENDMENT (COUNTY FILE: GP#06-0005) RELATING TO THE LAND USE ELEMENT AND CONSERVATION ELEMENT TO ESTABLISH NEW POLICIES ALLOWING AND SUPPORTING AGRICULTURAL SALES AND PROCESSING, AND A PROPOSED ORDINANCE (COUNTY FILE: ZT#06-0003) AMENDING THE ZONING CODE TO AUTHORIZE THE ESTABLISHMENT OF GROWER STANDS, FARM STANDS, AND FARM MARKETS IN AGRICULTURAL ZONING DISTRICTS, COUNTYWIDE WHEREAS, on February 17, 2005, the Board of Supervisors authorized a General Plan review and preparation of an ordinance for the Board's consideration to update roadside stand regulations for the agricultural zoning districts in the unincorporated area of Contra Costa County; and, WHEREAS, for the purposes of compliance with the California Environmental Quality Act (CEQA), the Community Development Department on July 18, 2006 issued a Notice of Public Review and Intent to Adopt a Negative Declaration of Environmental Significance and an Initial Study on the proposed General Plan Amendment and Ordinance and the proposed Negative Declaration was posted and noticed as required by law; and, WHEREAS, staff prepared a report and recommendation for the County Planning Commission for its meeting on April 24, 2007 recommending approval of a proposed General Plan Amendment relating to the Land Use Element and Conservation Element to establish new policies allowing and supporting agricultural sales and processing, and a proposed Ordinance to amend the Zoning Code to authorize the establishment of grower stands, farm stands, and farm markets in agricultural zoning districts, and said report was made available to interested parties; and, WHEREAS, after notice was lawfully given, the proposed General Plan Amendment and proposed Ordinance was scheduled for hearing before the County Planning Commission on April 24, 2007, at which time testimony was taken, and, after having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter, the hearing was closed. NOW, THEREFORE BE IT RESOLVED, that the County Planning Commission: 1) HAS .CONSIDERED THE PROPOSED NEGATIVE DECLARATION AND INITIAL STUDY as adequate for purposes of compliance with the California Environmental Quality Act prior to forwarding a recommendation; and, Page I of 3 RESOLUTION NO. 11-2007 2) RECOMMENDS to the Board of Supervisors approval of the General Plan Amendment (County File: GP#06-0005) which would add language under the Agricultural Core (AC) land use designation in the Land Use Element to specifically include agricultural processing facilities (value-added agricultural uses), farm markets, and temporary events as allowed uses through a Land Use Permit (conditional use) and to add policies to the Agricultural Resources section in the Conservation Element in support of the proposed Farm Stands and Farm Markets Ordinance, as the second consolidated General Plan Amendment for 2007 to the Contra Costa County General Plan (2005-2020), as permitted under state law; and, 3) RECOMMENDS to the Board of Supervisors approval of the proposed the Agricultural Farm Stands and Farm Markets Ordinance (County File: ZT#06- 0003), which amends and adds Chapter 88-20 to the County Code, to authorize the establishment of grower stands, farm stands, and faun markets in all agricultural zoning districts and, furthermore sets size and location standards, sales restrictions, and regulations governing grower stands, farm stands, and farm markets; and, 4) RECOMMENDS to the Board of Supervisors that Community Development Department staff continue to consider comments and input from interested parties to determine if there are any opportunities to improve the ordinance in the future. NOW THEREFORE BE IT FURTHER RESOLVED, that the County Planning Commission finds that pursuant to the Contra Costa County General Plan,Growth Management Element the proposed General Plan Amendment would not cause a violation of any of the Growth Management Performance standards as described in the Growth Management Element. The decision of the County Planning Commission was given on Tuesday, April 24, 2007 by the following vote: AYES: Commissioners Clark, Murray, Battaglia, Gaddis, Snyder, Terrell, and Wong NOES: None ABSENT: None ABSTAIN: None Hyman Wong, Chair of the County Planning Commission, County of Contra Costa, State of California. Page 2 of 3 3 G-s-o7 RESOLUTION NO. 11-2007 I, Dennis M. Barry, Secretary of the County Planning Commission hereby certify that the foregoing was duly called and approved on April 24, 2007. ATTEST: ✓Dennis M. Barry, Secretary of the County Planning Commission, County of Contra Costa, State of California G:Ndvmce Plamiingadv-planUtcwlvrionsCpc res no 11-3W1.d« Page 3 of 3 INTENTIONALLY BLANK EXHIBIT NO. 5 WRITTEN COMMENTS FROM JANET CAPRILE SUBMITTED TO COUNTY PLANNING COMMISSION, DATED APRIL 24, 2007 r . a q r INTENTIONALLY BLANK e 1 y—� Y- c,�/7 UNIVERSITY of CALIFORNIA SEAL Aaricuiture & Natural Resources COOPERATIVE EXTENSION CONTRA COSTA COUNTY ., "Y 75 Santa Barbara Road—2"6 Floor • Pleasant Hill, CA. 94523-4215 ._--` ..�.. A Cp UN's Tel. (925) 646-6540 Fax(925) 646-6708, DATE: April 24,2007 TO: Contra Costa County Planning Commission FROM: Janet Caprile, Farm Advisor,UC Cooperative Extension, Contra Costa County Vice Chair,Contra Costa County Agricultural Advisory Task Force RE: Ordinance Amending Zoning Text to establish Standards and regul.a[on�s for Gr er_Stan ds,F_arm Stands and Farm Markets in Agricultural Zoning Districts,County File#ZTO6-0003 As the University of California Cooperative Extension Farm Advisor for Contra Costa County and Vice Chair of the Agricultural Task Force, I would like to commend the Community Development staff for their efforts to amend the ordinance goveming Roadside Stands.They have done a great job of sorting through the complex needs-nd. divergent views of our farming community and have come up with an ordinance that should greatly expand opportunities for local growers. However,there are a few changes that I feel still need to be incorporated to make. this a more robust and realistic document that will meet the needs of local growers for years to come.I fully support the adoption of the ordinance with the following amendments: I. The requirement for a contiguous sales area was newly added to this version.I do NOT feel this requirement is needed and feel that it would unduly restrict normal operations.These farms are large properties and there.is frequently a need for another sales area on the more remote portions of the property when those areas are ripe for harvest.These are often small temporary sales areas that move around the property as crops become ripe for U-pick operations and are separate from the permanent roadside stand that sells already picked farm products.Every sales area costs money to set up and staff so there would not be a tendency to set up more areas than are really needed for the safe and effective functioning of the stand or market. I understand that staff was trying to preserve the growing grounds with this requirement,but I don't think they were aware of the implications of the new requirement.I believe the cumulative 1500 square foot limitation should be sufficient protection of growing grounds without requiring contiguous sales areas. I suggest the newly added requirement of contiguous sales areas on page 2 be removed and Article 88-20,402 (c)Size be amended to read: (I)A o"awer stand,farm stand, or farm market may consist of one or more outdoor sales areas, one or more structures with an indoor sales area, or both. 2. There should not be a limit on the amount of value-added products that are LOCALLY grown that can be sold at Farm Stands. The primary harvest time for most of our farm products is from mid May to mid September, If farmers are able to preserve their products by processing them(adding value)and selling them during their off season,then they will be able to extend their income generating season AND it will make it economical to farm more property—which is the goal of this ordinance.During the fall,winter, and spring months,it is likely that growers will only have their value added products to sell to maintain their income flow. It costs money both to process the products and make the building changes required by the Health Services Department(and CURFEL) to be,able to sell processed products at the roadside stand. The UC CEUniversityo a i r i j C l Earn a and the 71n ted States Department of Agnculturc Cooperating �r 3 s-Q7 rower needs to be able to sell enough of the processed product to make it worthwhile to afford the Health Services Department changes and pay for the processing. If the products are locally grown it just doesn't make sense to limit the amount that can be sold as processed vs. sold as fresh—especially since the processed product is so much more expensive to sell. Encouraging the sale of value-added local farm products supports local agriculture in every way.I suggest the following changes on page 5: ATfiLCle 0303-20.406(b)Faun Stands. (1)A farm stand may sell farm products produced on-site or proximate to the site and value-added faun products produced on-site or proximate to the site. (2)No more than 10%of the total sales are of o 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. 3. The Staff report did not respond to Item 9 of the Agricultural Task Force continents. We would like it specified that any on-site non-commercial signs such as directional signs, agricultural or grower association signs, regional marketing signs, and public information signs shall be exempt from the sign provisions in this section. Item 9 is included below for reference: "9. On-site non-commercial signs should not be included in the square footage limitations.for the commercial signs. These non-commercial signs may include directional signs for customers indicating parking entrance and exit, additional parking, restrooms, crop location, and other items of public safety or customer courtesy. It would also include signs identifying agricultural or grower association memberships (such as.Harvest Time signs) and regional marketing efforts (such as Buy Fresh, Buy Local) and public information signs (such as those identifying a crop grown in the field). We recommend that the following be added to the sign section: [88-20.402 (f)(9): Any on-site non-commercial signs such as directional signs, agricultural or grower association signs, regional marketing signs, and public information signs shall be exempt from the sign provisions in this section.]" 4. I would encourage the-Planning Commission to recommend that enforcement of the new ordinance does not begin until after the"Agricultural Permit Streamlining"is completed and growers have had a winter season to evaluate the costs and benefits of changing their operations.They can't adequately do this during the height of_the_growing season or before the permit requirements and associated costs are more apparent. The"Agricultural Permit Streamlining"was recommended by the Agricultural Advisory Task Force and approved by the Board of Supervisors along with direction to amend the General Plan and update the zoning code. UC CE Uni�OeTsity of Cali ornia and the United States Department n :1 riculture Coa eratit - f p f �1 9 P S�al7 THE VALLEY TIMESQ (Incorporating The Pleasanton Times) J Ag e P.O. Box 607—Pleasanton, Calif. 94566 AFFIDAVIT OF PUBLICATION The undersigned declares and says: That he is and was during all the times herein mentioned a citizen of the United States, over the age of 21 years, and neither party to nor in any way interested in the matter of action herein set forth, and is and was competent to be a witness in said matter of action. That he is now and was at all times mentioned the 'Publisher/Legal Clerk/Legal Coordinator of THE VALLEY TIMES, incorporating the Pleasanton Times and is now, and was all the times therein mentioned a newspaper of general circulation printed and published in the City of Pleasanton, _ Township of Pleasanton, County of Alameda, State of California, and as such has now at at all times had charge of all legal notices and advertisements in said newspaper; and that said THE VALLEY TIMES, incorporating The Pleasanton Times is now and was at all times herein mentioned a newspaper of general circulation as that term is defined by Section 6040.5 of the Government code, and as provided by said Section is published for dissemination of local and telegraphic news and intelligence of general character, having a bonafide subscription list of paying subscribers, and is not devoted to the interests or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions,trades, callings races, i or denominations; that all of said times said newspaper has been established, printed, and published at regular intervals �'v\ in said township, county, and state, for more than a year _ \ preceding the date of the first publication of the notice v mentioned; the said notice was set in type not smaller than nonpariel, and was preceded with words in blackface type not smaller than nonpariel, describing or expressing in general terms the purport and character of the notice intended to be given. That the Fictitious Business Name a copy of which is attached hereto, was published in said newspaper, The Valley Times(incorporating The Pleasanton Times)on the May 12, all in the year of 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. .. ............................................................................. Signature / Executed at JaInut Creek,California. Date: May 15, 2007 NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS COUNTY WIDE NOTICE IS HERBY GIVEN that on Tuesday,May 22, 2007, at 1:00 p.m. in the County Administration Building, Room 107, 651 Pine Street (corner of Pine and Escobar Streets), Martinez, Cali- fornia, the Contra Costa CountyBoard of Supervi- s0rs will conduct a public hearing to consider the following planning pro- POsals: The proposed zoning text amendment and related g4neral plan amendment a ects the sale and proc- essing of farm products. A,New Policies Allowing and Supporting Agricu- !ural Sales and Process- ing,General Plan Amend- ment(County File;GP#OG- 0005): A County-initiated Proposal to amend the Land Use Element by revi- sing the text under the Agricultural Core (AC) designation to include agricultural processing facilities, farm markets, and temporary events (pursuant to Chapter 82. 44)as allowed uses in the AC through the issuance Of a land use permit,and to amend text in the Con- servation Element relat- ing to Agricultural Re- sryurces by adding a defi- nition for 'value-added andct turabe lexplc roitdinc al' lowing and supporting a farmer or rancher to mar- ket agricultural products and value-added agricul- tural products directly to the consumer within the unincorporated agricul- tural areas of Contra Cos- ta County. B.Zoning Text Amend- ment Ordinance Estab- lishing Standards and Regulation for Grower Stands, Farm Stands and Farm Markets in Agricul- tural Zoning Districts (County File:ZT#06-0003) -A proposal to adopt an amendment to the Zoning Ordinance to provide for size and location stand- ards, sales restrictions, and other regulations governing the sale of ag- ricultural products at grower stands, farm stands and farm markets. This includes an amend- ment of the agricultural zoning districts to allow these uses, as well as commercial kitchens for the processing of local agricultural products. This proposal affects all lands designated for agri- cultural use within unin- corporated Contra Costa County. An Initial Study was pre- pared for this pro act in accordance with t�e re- quirements of the Califor- nia Environmental Quality Act. The study deter- mined that the project would result in no signifi- cant environmental im- Pacts. Consequently, staff is proposing the adoption of a Negative J 1 Declaration determina- tion, which was posted July 18,2006 with the pub- lic comment period end- ing August 7,2006. If you challenge this mat- ter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or in written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing,Com- munity Develop Ment De- partment staff will be available on Tuesday, May 22,2007 at 12:30 p.m. in Room 105,Administra- tion Building, 651 Pine Street, Martinez, CA, to meet with any interested persons in order to (1) answer questions; (2) re- view the hearing proce- dures used by the Board; (3) clarify the issues be. ing considered by the Board;and,(4)provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Patrick Roche,Community Devel- opment Department, at (925) 335-1242 by 3:00 p.m.on Monday, May 21, 2007 to confirm your par- ticipation. Date:May B,2007 JOHN CULLEN, Clerk of the Board of the Board of Supervisor and County Administrator By: Katherine Sinclair, Deputy Clerk Legal SRVT#2356055 Publish May 12,2007 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the West County Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa,94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of August 29, 1978. Case Number 188884. The notice, of which the annexed is a printed copy (set in type not Smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: May 12 all in the year of 2007 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this 15 day of Pay, 2007 Signature West County Times P O Box 100 Pinole,CA 94564 (510)262-2740 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS COUNTY WIDE NOTICE IS HERBY GIVEN that on Tuesday.May 22, 2007, at 1:00 p.m. in the County Administration Building, Room 107, 651 Pine Street (corner of Pine and Escobar Streets), Martinez, Cali- fornia, the Contra Costa County Board of Supervi- sors will conduct a public hearing to consider the following planning Pro- posals: The proposed zoning text amendment and related general plan amendment affects the sale and proc- essing of farm products. - A.New Policies Allowingg and Supporting Agricul- tural Sales and Process- ing,General Plan Amend- ment(County File:GP#06- 0005): A County-initiated proposal to amend the Land Use Element by revi- sing the text under the Agricultural Core (AC) designation to include agricultural processing facilities, farm markets, and temporary events (pursuant to Chapter 82- 44)as allowed uses in the AC through the issuance of a land use permit,and to amend text in the Con- servation Element relat- ing to Agricultural Re- sources by adding a defi. nition for "value-added agricultural products" and to be explicit in al- lowing and supporting a farmer or rancher to mar- ket agricultural products and value-added agricul- tural products directly to the consumer within the unincorporated agricul- tural areas of Contra Cos- ta County. B.Zoning Text Amend- ment Ordinance Estab- lishing Standards and Regulation for Grower Stands,Farm Stands and Farm Markets in Agricul- tural Zoning Districts (County File:ZT#06-0003) - A proposal to adopt an amendment to the Zoning Ordinance to provide for size and location stand- ards, sales restrictions, and other regulations governing the sale of ag- ricultural products at grower stands, farm stands and farm markets. - This includes an amend- ment of the agricultural zoning districts to allow these uses, as well as commercial kitchens for the processing of local agricultural products. This proposal affects all lands designated for agri- cultural use within unin- corporated Contra Costa County. An Initial Study was pre- pared for this project in accordance with the re- quirements of the Califor- nia Environmental Quality Act. The study deter- mined that the project would result in no signifi- cant environmental im- pacts.. Consequently, staff Is proposing the adoption of a Negative Declaration determina- tion, which was posted July 18,2006 with the pub- lic comment period end- ing August 7,2006. If you challenge this mat- ter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or in written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing,Com- munity Development De- partment e- ttffuava'abeonTesday, May 22,2007 at 12:30 p.m. in Room 105,Administra- tion Building, 651 Pine Street, Martinez, CA, to meet with any interested persons in order to (1) answer questions; (2) re- view the hearing proce- dures used by the Board; (3) clarify the issues be- ing considered by the Board;and,(4)provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Patrick Roche,Community Devel- opment Department, at (925) 335-1242 by 3:00 P.m.on Monday, May 21, 2007 to confirm your par- ticipation. Date:May 8,2007 JOHN CULLEN, Clerk of the Board of the Board of Supervisor and County Administrator BY:Katherine Sinclair, Deputy Clerk Legal WCT 1527 Publish May 12,2007 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States-and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the West County Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of August 29, 1978. Case Number 188884. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: May 12 all in the year of 2007 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 15 day of ay, 2007 ....... . ..... .................................................... Signature West County Times PO Box 100 Pinole, CA 94564 (510)262-2740 Proof of Publication of: (attached is a copy of the legal advertisement that published) � co) 31 -P dam. b u> LS r (a V'l jg OP OV...yyyN 0 nc-z CS 7a p N VNPfEU3 V D a .h 4J A - ! 0 'DX14 0 40 �' p \ F O 0 G c8 y. o � A NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS COUNTY WIDE NOTICE IS HERBY GIVEN that onfiuesdai„Iyfay2?2007 in the County Administration Building,Room 107, 651 Pine Street(corner of Pine and Escobar Streets),Martinez,California,the Contra Costa County Board of Supervisors will conduct a public hearing to consider the following planning proposals: The proposed zoning text amendment and related general plan amendment affects the sale and processing of farm products. A. New Policies Allowing and Supporting Agricultural Sales and Processing,General Plan Amendment (County File: GP#06-0005):A County-initiated proposal to amend the Land Use Element by revising the text under the Agricultural Core(AC)designation to include agricultural processing facilities, farm markets,and temporary events(pursuant to Chapter 82-44)as allowed uses in the AC through the issuance of a land use permit,and to amend text in the Conservation Element relating to Agricultural Resources by adding a definition for"value-added agricultural products"and to be explicit in allowing and supporting a farmer or rancher to market agricultural products and value- added agricultural products directly to the consumer within the unincorporated agricultural areas of Contra Costa County. B. Zoning Text Amendment Ordinance Establishing Standards and Regulation for Grower Stands,Farm Stands and Farm Markets in Agricultural Zoning Districts (County File:ZT#06-0003)—A proposal to adopt an amendment to the Zoning Ordinance to provide for size and location standards,sales restrictions,and other regulations governing the sale of agricultural products at grower stands,farm stands and farm markets. This includes an amendment of the agricultural zoning districts to allow these uses,as well as commercial kitchens for the processing of local agricultural products. This proposal affects all lands designated for agricultural use within unincorporated Contra Costa County. An Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act. The study determined that the project would result in no significant environmental impacts. Consequently, staff is proposing the adoption of a Negative Declaration determination,which was posted July 18,2006 with the public comment period ending August 7,2006. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing,Community Development Department staff will be available on Tuesday,May 22,2007 at 12:30 p.m. in Room 105,Administration Building, 651 Pine Street, Martinez, CA, to meet with any interested persons in order to (1) answer questions; (2)review the hearing procedures used by the Board; (3) clarify the issues being considered by the Board; and, (4) provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Patrick Roche, Community Development Department, at (925) 335-1242 by 3:00 p.m. on Monday, May 21, 2007 to confirm your participation. Date: May 8, 2007 JOHN CULLEN,Clerk of the Board of the Board of Supervisor and County Administrator BY: � � Katherine Sinclair,Deputy Clerk BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF New Policies Allowing and Supporting Agricultural Sales and Processing, General Plan Amendment(County File: GP#06-0005): Zoning Text Amendment Ordinance Establishing Standards and Regulation for Grower Stands, Farm Stands and Farm Markets in Agricultural Zoning Districts (County File: ZT#06-0003)— Notice of hearing for Tuesday, May 22, 2007 at 1:00 pm,was mailed this day, Wednesday, May 9, 2007. I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: PLEASE SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: May 9, 2007 6"2 �da L Katherine Sinclair, Deputy Clerk 4co 9 CS - 2z Ken Hagan 554 Sundale Lane Brentwood, CA 94513-2682 (A) Linda Maurer Councilmember Erick Stonebarger Councilmember Bob Brockman Economic Development Manager Brentwood City Council City of Brentwood Brentwood City Council City of Brentwood City of Brentwood '08 Third Street 708 Third Street 708 Third Street Brentwood.CA 94513 Brentwood, CA 94513 . Brentwood. CA 94513 Anne Tom Lis Cuccia Brookside Farm 130 Eureka Ave. 5031 Jersey Island Road -- Brentwood,CA 94513 Oakley,CA 94561 David Navarrette Joe Palma Smith Family Farms Brentwood Olive Oil Company P.O. Box 140 2610 Empire Avenue 2500 Sunset Boulevard Knightsen,CA 94548. Brentwood,CA 94513 Brentwood,CA 94513 Deborah Spinola Ken Hagan Spinola Farm Nunn Better Farms 830 Sunset Road Bacchini's Fruit Tree 10000 Byron Highway Brentwood CA 94513 2010-Walnut Boulevard Brentwood, CA 94513 Brentwood, CA 94513 Cathy Wolfe Shelly's Garden, LLC Wolfe Ranch T Family Farms PO Box 1297, 700 Creek Road 201177 Walnut Walnut Boulevard Brentwood, CA 94513 (A) Brentwood,CA 94513 Brentwood, CA 94513 Larry Preston, General Mgr. Shelly's Garden, LLC Barbara A.Frantz ECCID PO Box 1297, 4265 Driftwood Place 626 First Street Brentwood,CA 94513 Discovery Bay,CA 94513 Brentwood, CA 94513 Joe Cielok Contra Costa County Kathryn Lural L Dick Schenler Agricultural Trust Brentwood 20 2rdl Street Land Trust 1529 Katie Way C/O 965 Camino Verde Circle Brentwood, 2 Street Brentwood, CA 04513 Walnut Creek, CA 94597 (A) Brentwood, CA 94513 O Mr. John Viano 192 Morello Avenue Mr. Jeff Weidemann Mr. Tom Bloomfield Martinez, CA 94553 6989 Highland 2030 Newton Drive (CCC Farm Bureau) Pleasanton, CA 94588 Brentwood, CA 94513 (CCC Cattlemen Assoc). (CCRCD) Mr. Tom Powers Ms. Kathi Hansen Johnson 5371 Stonehurst Drive 23701 Marsh Creek Road Martinez, CA 94553 Brentwood, CA 94513 (Sup. Dist. 11) (Sup. Dist. V) Mr. Dave Dal Porto Cathy Wolfe Mr. Michael Vukelich 5730 Balfour Road 801 Creek Road 546 Lexington Avenue, Apt. 2 Brentwood, CA 94513 Brentwood, CA 94513 EI Cerrito, CA 94530 (Alt. CCC Cattlemen Assoc). (Nursery Products) Contra Costa/Alameda County Louis Mangini Al Courchesne Cattleman's Association 24 Mangini Drive Frog Hollow Farms 4400 N. Livermore Pleasant Hill CA 94523 PO Box 872 Livermore CA 94550 (Sup. Dist. IV) Brentwood CA 94513 (Sup. Dist. 111) Contra Costa Resource Conservation Contra Costa Farm Bureau Mr. Ed Meyer Contra Costa County District 5554 Clayton Road � 5552 Clayton Road Concord, CA 94521 Department of Agriculture Concord, CA 94521 Attn: Ms. Sara Mora 23Stanwell Circle Concord, CA 94520 Mike Daly Ms. Janet Caprile Tom Brumleve Sierra Club UC Cooperative-Extension 1453 North Gate Road 2530 San Pablo Avenue 75 Santa Barbara Road Walnut Creek CA 94598 Berkeley CA 94702-2000 Pleasant Hill, CA 94523 (A) Philip Day, ECRPC Lon Kelsey Jack Benz Rt 1 Box 52B P.O. Box 1568 Ron Nunn Farms Byron, CA 94514 Brentwood, CA 741 Sunset Rd. (A) (A) Brentwood, CA 94513 Walter MacVittie, ECRPC Winston Rhodes,Citof Brentwood Greenbelt Alliance City 1600 Riverlake Road 1601 North Main Street Discovery Bay, CA 94514 708 Third St. Walnut Creek CA 94596 (A) Brentwood CA 94513 (A) (A) William Reddick Jim Gwerder David Navarrette Rt. 1 Box 84A c/o Citizen Land Alliance Brentwood Olive Oil 4071 Orwood Road 105 E. 10`h 2610 Empire Avenue Brentwood, CA 94513Tracy CA 95376 Brentwood,}A 94513 O A (A) A Ronald Enos Sup. District III Office Jeff Tamayo 1200 Central Blvd. Tamayo Vineyards Enos Family Vineyards Suite B P.O. Box Brentwood CA 94513 11670 Byron Hwy Brentwood, CAA 94 94513 Brentwood, CA 94513 (A) (A) Kathy Sinclair/COB/CCC To cctlegals@cctimes.com,wctlegals@cctimes.com, 03/21/2007 09:09 AM Idlegals@cctimes.com,vtlegals@cctimes.com a * cc Ryan A Hernandez/CD/CCC, a 4 ` bcc Subject Publication Request--Farmstands/Markets Please publish the attached legal notice in the CCTimes: One day only, Saturday May 12, 2007 Reference PO#: 2061 Please confirm receipt of request. Should you have any questions, please call me at the number listed below. Thank you, Kathy Sinclair Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 - 925.335.1902 DO I 46-0W c Farmstands-M arkets-052207.doc � � [ A NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS COUNTY WIDE NOTICE IS HERBY GIVEN that on Tuesday,May 22, 2007, at 1:00 p.m. in the County Administration Building, Room 107, 651 Pine Street (corner of Pine and Escobar Streets), Martinez, Cali- fornia, the Contra Costa County Board of Supervi- sors will conduct a public hearing to consider the following planning pro- posals: The proposed zoning text amendment and related general Plan amendment affects the sale and proc- essing of farm products. A.New Policies Allowingg and Supporting Agricul- tural Sales and Process- ing,General Plan Amend- ment(County File:GP#06- 0005): A County-initiated proposal to amend the Land Use Element by revi- sing the text under the Agricultural Core (AC) designation to include agricultural processing facilities, farm markets, and temporary events (pursuant to Chapter 82- 44)as allowed uses in the AC through the issuance of a land use permit,and to amend text in the Con- servation Element relat- ing to Agricultural Re- sources by adding a defi- nition for 'value-added agricultural products" and to be explicit in al- lowing and supporting a farmer or rancher to mar- ket agricultural products and value-added agricul- tural products directly to the consumer within the unincorporated agricul- tural areas of Contra Cos- ta County. B.Zoning Text Amend- ment Ordinance Estab- lishing Standards and Regulation for Grower Stands, Farm Stands and Farm Markets In Agricul- tural Zoning Districts (County File:ZT#06-0003) -A proposal to adopt an - amendment to the Zoning Ordinance toprovide for size and location stand- ards, sales restrictions, and other regulations governing the sale of ag- ricultural products at sndsarsetstaand fmmark This includes an amend- ment of the agricultural zoning districts to allow these uses, as well as commercial kitchens for the processing of local agricultural products. This proposal affects all lands designated for agrk cultural use within unin- corporated Contra Costa County. An Initial Study was pre- pared for this project In ,r• accordance with the re- quirements e- Environmental Califor- nia Act. The study deter- mined that the project would result in no signifi- cant environmental im- pacts. Consequently, staff is proposing the adoption of a Negative Declaration determina- tion, which was posted July 18,2006 with the pub- lic comment period end- ing August 7,2006. If you challenge this mat- ter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or in written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing,Com- munity Development De- partment staff will be available on Tuesday, May 22,2007 at 12:30 p.m. in Room 105,Administra- tion Building, 651 Pine Street, Martinez, CA, to meet with any interested persons in order to (1) answer questions;(2) re- view the hearing proce- dures used by the Board; (3) claritythe issues be- ing considered by the Board;and,(4)provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Patrick Roche,Community Devel- opment Department, at (925) 335-1242 by 3:00 P.M.on Monday, May 21, 2007 to confirm your par- ticipation. Date:May 8,2007 JOHN CULLEN, Clerk of the Board of the Board of Supervisor and County Administrator By: Katherine Sinclair, Deputy Clerk Legal SRVT#2361907 Publish May 15,2007 THE VALLEY TIMES (Incorporating The Pleasanton Times) P.O. Box 607—Pleasanton, Calif. 94566 AFFIDAVIT OF PUBLICATION The undersigned declares and says: That he is and was during all the times herein mentioned a citizen of the United States, over the age of 21 years, and neither party to nor in any way interested in the matter of action herein set forth, and is and was competent to be a witness in said matter of action. That he is now and was at all times mentioned the Publisher/Legal Clerk/Legal Coordinator of THE VALLEY TIMES, incorporating the Pleasanton Times and is now,and was all the times therein mentioned a newspaper of general circulation printed and published in the City of Pleasanton, Township of Pleasanton, County of Alameda, State of California,and as such has now at at all times had charge of all legal notices and advertisements in said newspaper; and that said THE VALLEY TIMES, incorporating The Pleasanton Times is now and was at all times herein mentioned a newspaper of general circulation as that term is defined by Section 6040.5 of the Government code, and as provided by said Section is published for dissemination of local and telegraphic news and intelligence of general character, having a bonafide subscription list of paying subscribers, and is not devoted to the interests or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions,trades, callings races, or denominations; that all of said times said newspaper has been established, printed, and published at regular intervals in said township, county, and state, for more than a year preceding the date of the first publication of the notice mentioned; the said notice was set in type not smaller than nonpariel, and was preceded with words in blackface type not smaller than nonpariel, describing or expressing in general terms the purport and character of the notice intended to be given. That the Fictitious Business Name a copy of which is attached hereto, was published in said newspaper, The Valley Times(incorporating The Pleasanton Times)on the May 15, all in the year of 2007 1 certify (or declare) under penalty of perjury that the foregoing is rue and correct. .................. ............................................................ Signature Executed a alnut Creek,California. Date: May 16, 2007