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Is a restaurant agriculture?
George Caloyannidis | Oct 6, 2016 on: The WDO

Is a restaurant agriculture?

At least this is what Napa County wants them to become.

In the current Napa County Code, "Agriculture and Right to Farm," defines Agricultural Operation to "Include but not limited to...the production, cultivation, growing, breeding, harvesting or processing of any living organism having value as an agricultural commodity or product and any commercial practices performed incident to or in conjunction with such operations on the site where the agricultural product is being produced (emphasis mine), including preparation for market, delivery to storage or to market, or to carriers for transportation to market."

Hinging on the words "but not limited to," the County amended this definition in 2010 to include winery on-site sales and events in response to winery claims that marketing conditions had changed. The definition of Agriculture as it was and as it has evolved, makes all subsequent changes in what agricultural operations are, also a right. Quite of note is that any changes in that definition, also become part of the "Disclosure Prior to Transfer of Real Property" which states that: "No person shall transfer real property of or adjacent to agricultural lands without following disclosure as defined (in the Code)."

Under the guise of "Agriculture," the alcohol-tourism model has evolved -- whether we like it or not -- with all its associated problems from the lowest wages paid by it and by the booming hospitality industry, to commuters and traffic congestion, water rationing and exorbitant rates, insufficient sewer capacities, all increased infrastructure costs ultimately borne by the public.

Now we are faced with a new wave of changes in the code initiated by pressure from the alcohol-tourism industrial complex.

The most serious changes included in the proposed language as a right are: "The production and processing of agricultural products and related marketing, sales and accessory uses." Note that the "on-site" agricultural product requirement is removed. Included in the new definition is also "farm worker housing."

Two issues arise:

1) Housing developments are only permitted in the cities. If we allow farm worker housing in the Ag Preserve, the demand is in the thousands. Apartment buildings in the hills? Sorry, you were warned in the Transfer Disclosure Statement. And who exactly is a farmworker? One who works during harvest with a family of four and stays here employed elsewhere the rest for the year? Make no mistake, this is a backdoor to affordable housing in the Ag Preserve because the cities have consistently stonewalled it.

2) Now that the on-site production of agricultural products will no longer be required, beef, tomatoes or any agricultural product may be imported from anywhere, processed and sold here. Why not the manufacturing and sale of qualifying beauty products, leather goods or even biofuels? Staff argues that the price of land guarantees this will not happen. But relying on "the likelihood of something happening" is not a credible criterion by which narrowly defined activities would be inserted in the Code, which is what an ordinance does.

Which brings us to the certainty of restaurants in the Ag Preserve. What are they if not facilities that "process agricultural products" even though they may be imported from every corner of the earth? And that will be by right.

While the county's use permit process may modify or condition a right, I doubt it has the ability to deny it altogether. Undoubtedly, the courts will have a field day.

The supervisors and everyone living in the Napa valley ought to be apprehensive of opening Pandora's Ag Box of widening the permitted uses with their incremental degradation. It will be the second death nail in six years to the coffin of our Valley as we know it.

NVR 10/6/16: Is a restaurant agriculture?