Ag Definition Letter to the BOS
on the web at:
Norma Tofanelli | Mar 21, 2017

20 March 2017

Napa County Board of Supervisors
Chair Alfredo Pedroza and Supervisors:
Brad Wagenknecht
Ryan Gregory
Diane Dillon
Belia Ramos

The stated "purpose and intent of the proposed ordinance amendments are to conform the definition of agriculture in the County Code with the definition adopted in the 2008 General Plan." AG/LU-2.1 is relied upon for authority.

AG/LU-2.1 does NOT mandate amending Napa County Code §18.08.040 to include additional uses into the definition of agriculture. These additional uses have already been populated into the code, ie: § 18.08.370, 18.08.620, 18.16.030 and 18.20.030. Marketing activities at wineries have been further clarified by Ordinance No. 1340 and Resolution No. 2010-48.

The mandate of AG/LU-2.1 is to ensure that the identified uses remain conditional uses that require a use permit. As currently proposed, the ordinance, instead, has the potential to undermine our agricultural land protections by unnecessarily creating conflict and uncertainty within the code itself.

1) The proposed ordinance amendments §18.08.040.D & .E create conflict within current code.

§18.16.020 and 18.20.020 mandate that "Agriculture" shall be allowed in all AP and AW districts without a use permit:

If §18.08.040 is amended to include additional uses to be conditioned by use permit (§18.08.040 D & E), those sections will be in conflict with the mandate of §18.16.020 and 18.20.020 to allow "agriculture" (as defined by §18.08.040) without a use permit ("by right").

How will such conflict and uncertainty ultimately be resolved? Instead of ensuring that these uses remain "incidental and subordinate", addition of these uses into the definition of "Agriculture"

§18.08.040 may ultimately allow them by right, without a use permit, in any zone that allows "agriculture" as defined by §18.08.040.

2) Such accessory uses will also be protected by Napa County's "right to farm":

Marketing and such "accessory" uses clearly are not intended to be afforded Napa County's right-to- farm protections. But, the word "shall" is mandatory and legally binding - it allows no discretionary interpretation. Once the proposed definition is adopted, all uses identified in §18.08.040 will be protected by Napa County right-to-farm regulations. Napa County will have no means to mitigate the detrimental impacts of such urban uses on ag lands.

Not only does the ordinance as presented have the potential to create conflict within County code, it is redundant and not necessary to achieve the mandate of AG/LU-2.1, which is to ensure that the identified uses remain conditional uses that require a use permit. Current code already requires agricultural processing facilities to obtain use permits; "marketing, sales and other accessory uses" are already conditioned by use permit and required by code to be "incidental and subordinate to the main use".

I urge you NOT to carelessly approve changes to the definition of agriculture, §18.08.040. The consequences, unintended or otherwise, will ultimately facilitate even more destruction of our ag lands, which we are losing daily, inch by inch, through conversion to increasingly urban uses, under the mask of "agriculture."

Norma J. Tofanelli
Fourth-generation Calistoga farmer

PDF version of this letter is here

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