Planning Commission recommends Ag promotion program

The county's Planning Commission has recommended that the San Diego County Board of Supervisors approve changes to the county's general plan and Zoning Ordinance intended to promote agriculture in unincorporated San Diego County.

The Planning Commission voted 4-0 Feb. 10 to recommend the amendments with Doug Barnhart, Michael Beck, and David Pallinger absent. The Board of Supervisors is expected to hear the agriculture promotion plan March 15.

"We're happy with it," said San Diego County Farm Bureau executive director Eric Larson. "We're looking forward to getting it to the Board of Supervisors for approval."

In June 2013 the Board of Supervisors directed the county's Chief Administrative Officer to identify ways to streamline regulations and provide more opportunity for agricultural venues such as microbreweries and cheesemakers.

In March 2014, the county's Planning Commission recommended the development of a program on a 4-0 vote with two members absent and one vacancy, although the specific ordinance had not yet been developed. In August 2014 the Board of Supervisors directed the Chief Administrative Officer to develop an agricultural promotion program and to return to the board in 30 months with a developed ordinance.

The plan also included a revision of the county's beekeeping ordinance; in October 2013 the supervisors directed county staff to work with stakeholders on changes to protect and promote beekeeping operations in the unincorporated county. That revised ordinance was approved in October 2015.

The county's tiered winery ordinance adopted in 2010 underwent subsequent review as part of the process. Some modifications were approved by the Board of Supervisors in April 2016, although the issue of adding land with S92 General Rural zoning to the existing A70 and A72 agricultural zones covered by the tiered ordinance was deferred.

The four-tiered winery ordinance bases the type of permit on production volume, and in September 2013 the supervisors approved a tiered equine ordinance basing the approval process on the number of horses and the available acreage. The tiered beekeeping ordinance bases setback distances on the number of hives. The agricultural promotion program would also utilize a tiered ordinance to balance economic gain with protection of nearby residents.

The proposed new ordinance adds agricultural use definitions for aquaponics, creamery, and mobile butchering. Aquaponics is defined as agriculture which combines cultivation of plants in the same water used to raise fish for consumption. The new ordinance would require aquaponics to be within enclosed structures, and county permits for the structures as well as Department of Environmental Health permits for the use would be required.

A creamery would be defined as the processing of milk products. It would be required to be associated with an operating dairy and at least 50 percent of the milk must be produced by on-site animals. The production area could be between 2,000 and 4,000 square feet depending on the acreage of the property. Up to 30 percent of the total creamery area could be used for retail sales continent upon the facility having at least six parking spaces.

Mobile butchering would consist of two types. One type is mobile commercial butchering involving the operation of a vehicle for on-site livestock slaughtering. That requires affiliation with a permitted slaughterhouse which sells the product to the market, and such butchering would be allowed on commercial, industrial, agricultural, or special purpose zones where food and beverage retail sales or packing and processing are permitted.

Mobile custom butchering would include on-site slaughtering but would allow the property owner's family and guests to consume the product. Mobile custom butchering would be allowed where livestock is raised and packing and processing is permitted.

Both types of mobile butchering would require setbacks from a property line, a frequency restriction of six times per year on the same property and for no more than three consecutive days, and

hours of operation limited to between 7 a.m. and 8 p.m. Mondays through Saturdays and between 9 a.m. and 6 p.m. on Sundays.

A set of amendments would allow commercial accessory uses on properties where agriculture is the primary use. Those uses would include agritourism, agricultural homestays, agricultural stores, microbreweries or microdistilleries, fishermen's markets, general packing and processing, on-site agricultural and horticultural sales, and farm employee housing.

Agritourism would require that 50 percent of the property's acreage be

available for agricultural uses with active agricultural production on at least 25 percent of the acreage. Self-harvesting or "U-Pick" operations, on-site tours, and agricultural education would be allowed. Weddings or other similar gatherings would be prohibited as an agritourism use, but community events or other special events sponsored by non-profit organizations would be allowed subject to appropriate permits and other regulation.

An agricultural homestay with paying guests is currently allowed for up to three bedrooms on land with A70 Limited Agriculture, A72 General Agriculture, or S92 General Rural zoning with the issuance of a Minor Use Permit.

The amendments would also allow agricultural homestays on land with RR Rural Residential or S90 Holding Area zoning (the S90 zone is used to prevent premature development until more precise zoning regulations are prepared and permitted areas are similar to those for A70 zones), increase the number of bedrooms allowed for paying guests to five, limit the number of guests to no more than 15 total and no more than 10 adults, and prohibit weddings and other private events while allowing community events.

The Minor Use Permit requirement would be replaced by a Zoning Verification Permit which includes evidence of compliance and could be issued on the same day the application is submitted.

A Zoning Verification Permit would also allow a farmer or rancher to have a small agricultural store of no more than 1,500 square feet which would be managed by the farmer or rancher and would be used to sell products grown on-site.

A minimum lot size of two acres would be required for such a store on Rural Residential land while no minimum acreage requirement would exist for stores in A70, A72, S88 (Specific Plan), S90, or S92 zones. At least six parking spaces would be required. Concerts would be prohibited as would weddings and other private events. Up to 200 square feet would be allowed for the display of products generated off-site.

A large agricultural store defined as a building between 1,501 and 3,000 square feet would require an Administrative Permit. A minimum lot size of four acres would be required in Rural Residential areas, the display of products generated off-site would be limited to 30 percent of the retail floor area, on-site food preparation for on-site agricultural products would be allowed, a seating area for consumption of on-site prepared foods would be permitted if that area was less than 15 percent of the total building floor area, the number of parking spaces required would correspond with commercial retail parking regulations, and compliance with emergency travel time

standards would be required.

A small microbrewery or microdistillery, defined as annual production of no more than 2,000 beer barrels or 62,000 gallons, would be permitted with a Zoning Verification Permit but would also require the appropriate state Department of Alcoholic Beverage Control licenses.

At least one acre of the property must be planted with hops, barley, other grains, or other ingredients used for on-site production and at least 25 percent of the ingredients must be grown within San Diego County. The allowed floor area would range from 2,000 to 5,000 square feet based on lot size, no more than 30 percent of the floor area could be used for tasting rooms, and at least six parking spaces would be required.

Packaged foods and licensed caterers would be permitted, but on-site food preparation would be prohibited. Events other than community events would be prohibited, and compliance with emergency travel times must be achieved. For groundwater-dependent sites a groundwater study would be required to demonstrate an adequate water supply.

A large microbrewery with annual production limited to 8,000 beer barrels or 124,000 gallons would be allowed with an Administrative Permit which could specify the hosting of special events and community events. At least two acres must be planted with hops, grains, or other ingredients, the parking requirement would be based on the Zoning Ordinance manufacturing and warehousing ratios for the brewing or distilling area and for the storage space, the sale or consumption of pre-packaged food would be permitted in compliance with applicable food safety codes, and one on-site mobile food facility would be allowed.

The Zoning Ordinance would also be amended to exempt a brewery's associated structures including water tanks and silos from height designator limits provided that the structure is no more than 50 feet in height and is located in an industrial or commercial zone.

A fishermen's market could be located on commercial or Specific Plan property and could occur concurrently with a certified farmer's market up to two days each week between 6:30 a.m. and 10 p.m. Mondays through Saturdays and between 7:30 a.m. and 6 p.m. on Sundays. A fishermen's market would not be allowed on private roads or on vacant land and would be subject to all county and state health regulations.

The proposed general packing and processing use category would be allowed with the issuance of an Administrative Permit on A70, A72,

S88, and S92 land as an incidental use to the agricultural use. At least 50 percent of the total gross area must be available for agriculture, although if the site is at least 200 acres at least 40 acres must be in agricultural production.

The animal use regulations revisions would change the permit requirement for animal raising projects from a Minor Use Permit to an Administrative Permit and the requirement for chinchilla raising from a Major Use Permit to a Minor Use Permit.

In addition to potential discretionary permits, applicants may also need Department of Environmental Health food handling permits, septic and well permits, grading permits, improvement plan permits, building permits, and pesticide permits issued by the county's Department of Agriculture, Weights and Measures (AWM).