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The consolidated definition of agriculture
The consolidated definition of agriculture
Bill Hocker | Jul 31, 2015 on: APAC
At their June 22nd meeting APAC voted to accept Director Morrison's "Consolidated Definition" of Agriculture and accessory uses. It was unclear at the time whether the committee was accepting it as the existing interpretation open to change or was approving it as the recommended definition to be sent on to the Planning Commission. Since Chair Hall called for alternate definitions to be tendered for the Aug 10th meeting, I will assume the former. Director Morrison's definition reads (my boldings):
An amended version of the definition was proposed by Christina Benz which moved the pharse in bold above from being "agriculture" to being an "accessory use".
That move was rejected by the committee.
Policy AG/LU-2 in the Napa County General Plan provides the only instance in which agricultural processing, marketing and sales are considered as equivalent aspects of agriculture (the semicolon is important). It goes:
All other references to agriculture, agricultural processing and accessory uses (marketing and sales) in other policies and codes are somewhat out of alignment with AG/LU-2.
While the primary definition of agriculture in AG/LU-2 equates agricultural production, marketing and sales, elsewhere other definitions either don't mention marketing and sales or place them as incidental and subordinate accessory uses to agricultural processing, which is a part of the definition of agriculture.
My own suggestions to revise the definition of agriculture:
At present incidental-ness and subordinate-ness are defined by building area: 40% of the area of the processing facility. I would first question 40% of anything as being a clearly incidental and subordinate proportion. But second I would question using building area as the unit of measure. A more appropriate measure that gets at the heart of the reason to create accessory uses is the economic incidental-ness and subordination. What proportion of company revenues are generated by wine sales and what proportion are generated by non-wine sales. It would take a through analysis of the wine-sales versus non-wine sales at Napa wineries to produce a target percentage that might be used. If we are to determine the true cost benefit analysis of winery tourism in Napa county that relationship needs to be known in any case. That ratio may be 40% if the comparison is strictly wine to non-wine revenues taken in on premises. But it would be much lower if all wine revenue generated by a winery vs non-wine revenue taken in at the winery is the comparison.
As discussed elsewhere on the site, food service is the tipping point between wineries as processing facilities and wineries as entertainment centers and food service needs to be removed as an incentive to build unnecessary wine production facilities.
My suggested policy changes:
AG/LU-2, placing processing and accessory use on an equal footing, seems to be inconsistent with the collection of references in the general plan and the county code. I would thus (humbly) propose that AG/LU-2 and AG/LU-13 be rewritten to read thus:
The discussion of the consolidated definition of agriculture at the Jun 22nd meeting is on the audio recording here beginning at 00:26:30 into the recording. It is well worth listening to in preparation for the discussions coming up.
At their June 22nd meeting APAC voted to accept Director Morrison's "Consolidated Definition" of Agriculture and accessory uses. It was unclear at the time whether the committee was accepting it as the existing interpretation open to change or was approving it as the recommended definition to be sent on to the Planning Commission. Since Chair Hall called for alternate definitions to be tendered for the Aug 10th meeting, I will assume the former. Director Morrison's definition reads (my boldings):
Consolidated Definition (approved by a supermajority of the committee)
Based on the above adopted policies, ordinances, and guidance, staff suggests the following working definition for agricultural, and accessory uses:
????????????
??Agriculture is the raising of crops, trees, and livestock; the production and processing of agricultural products; farm management activities; farm worker housing and related accessory uses.
Based on the above adopted policies, ordinances, and guidance, staff suggests the following working definition for agricultural, and accessory uses:
????????????
??Agriculture is the raising of crops, trees, and livestock; the production and processing of agricultural products; farm management activities; farm worker housing and related accessory uses.
- Agricultural processing includes crushing; wastewater disposal; aging, processing, bottling, storage, and shipping of bulk wine; office and laboratories; retail sales of wine; marketing activities for the education and development of consumers and members of the wine trade regarding wine produced by the winery, and limited non-commercial food service.
- Uses accessory to agriculture include dwellings and guest cottages; small care homes; minor communications facilities; kennels and veterinary offices; non-commercial energy systems; limited recreational uses; campgrounds and related lodging; sanitary landfills; levee repair and maintenance; and agricultural processing facilities (other than wineries).
- Uses accessory to a winery include tours and tastings; retail sale of wine-related items; display of art or items of historical, ecological, or viticultural significance; child care centers; and temporary events.
An amended version of the definition was proposed by Christina Benz which moved the pharse in bold above from being "agriculture" to being an "accessory use".
That move was rejected by the committee.
Policy AG/LU-2 in the Napa County General Plan provides the only instance in which agricultural processing, marketing and sales are considered as equivalent aspects of agriculture (the semicolon is important). It goes:
- Policy AG/LU-2:
“Agriculture” is defined as the raising of crops, trees, and livestock; the production and processing of agricultural products; and related marketing, sales and other accessory uses. Agriculture also includes farm management businesses and farm worker housing.
All other references to agriculture, agricultural processing and accessory uses (marketing and sales) in other policies and codes are somewhat out of alignment with AG/LU-2.
- Action item AG/LU-2.1: "Amend County Code to reflect the definition of “agriculture” as set forth within this plan, ensuring that wineries and other production facilities remain as conditional uses...and that marketing activities and other accessory uses remain incidental and subordinate to the main use."
- Policy AG/LU-13: "All tours and tastings, retail sales, marketing activities, and noncommercial food service must be accessory to the principal use of the facility as an agricultural processing facility."
- Code section 18.08.020 - Definition of Accessory Use: "An accessory use must be clearly incidental, related and subordinate to the main use.'
- Section 18.08.040 - Definition of Agriculture: This section which gives a very detailed definition of agriculture does not mention agricultural processing, tours and tastings, or the marketing of wines at all. I does include "Sale of agricultural products grown, raised or produced on the premises;" which implies agricultural processing. Its one mention of wineries is oblique: "Farm management activities established or expanded after June 30, 2006, alone or in combination with any wineries shall not...."
- Code section 19.08.370 - Definition of Marketing of wine. "Marketing plans in their totality must remain "clearly incidental, related and subordinate to the primary operation of the winery as a production facility"
- Code section 18.08.640 - Definition of Winery; ""Winery" means an agricultural processing facility used for:
A. The fermenting and processing of grape juice into wine; or
B. The refermenting of still wine into sparkling wine."
No mention of marketing or tours and tastings or sale of products
- Interpretive guidence for 2010 WDO ammendment: refers to "an approved marketing plan that in its totality is 'clearly incidental, related and subordinate to the primary operation of the winery as a production facility.'”
While the primary definition of agriculture in AG/LU-2 equates agricultural production, marketing and sales, elsewhere other definitions either don't mention marketing and sales or place them as incidental and subordinate accessory uses to agricultural processing, which is a part of the definition of agriculture.
My own suggestions to revise the definition of agriculture:
At present incidental-ness and subordinate-ness are defined by building area: 40% of the area of the processing facility. I would first question 40% of anything as being a clearly incidental and subordinate proportion. But second I would question using building area as the unit of measure. A more appropriate measure that gets at the heart of the reason to create accessory uses is the economic incidental-ness and subordination. What proportion of company revenues are generated by wine sales and what proportion are generated by non-wine sales. It would take a through analysis of the wine-sales versus non-wine sales at Napa wineries to produce a target percentage that might be used. If we are to determine the true cost benefit analysis of winery tourism in Napa county that relationship needs to be known in any case. That ratio may be 40% if the comparison is strictly wine to non-wine revenues taken in on premises. But it would be much lower if all wine revenue generated by a winery vs non-wine revenue taken in at the winery is the comparison.
As discussed elsewhere on the site, food service is the tipping point between wineries as processing facilities and wineries as entertainment centers and food service needs to be removed as an incentive to build unnecessary wine production facilities.
My suggested policy changes:
AG/LU-2, placing processing and accessory use on an equal footing, seems to be inconsistent with the collection of references in the general plan and the county code. I would thus (humbly) propose that AG/LU-2 and AG/LU-13 be rewritten to read thus:
- Policy AG/LU-2 (revised):
“Agriculture” is defined as the raising of crops, trees, and livestock; the production and processing of agricultural products
Policy AG/LU-13 (revised)
Action Item AG/LU-13
"Incidental" and "subordinate" shall be numerical percentages of area and revenue defined by county ordinance.
The discussion of the consolidated definition of agriculture at the Jun 22nd meeting is on the audio recording here beginning at 00:26:30 into the recording. It is well worth listening to in preparation for the discussions coming up.