Soda Canyon Road | The Definition of Agriculture changed!

The Definition of Agriculture changed!

on the web at: https://sodacanyonroad.org/forum.php?p=1302

Bill Hocker | May 6, 2017

Update 5/6/17

On Tues May 9th, 2017, the Supervisors will be approving a final revision of the definition of agriculture in County Code §18.80.040 (markup here) to try to square it with the General Plan definition in Policy AG/LU-2 (see Norma Tofanelli's dissection here).

IMHO they've just further scrambled the relationship between "real agriculture" (as defined by ordinary human beings and the State) and the myriad types of residential, industrial and commercial uses (houses, wineries, other processing and sales facilities, kennels, hunting lodges, nursing homes, day care centers, satellite stations, etc.) that the County allows to be built on "agricultural" AP and AW zoned lands either with or without a permit. They are listed in §18.16.020-18.16.030 and 18.20.020-18.20.030. The need to also define some of those uses as being "agriculture", rather than just non-ag uses allowed on ag lands, is a bit of a mystery. The fact that the wine industry is so concerned about doing so means that there are probably implications for the rights of owners, decipherable only by their attorneys in consultation with the county staff, to allow increased development of their properties in the name of "agriculture".

Though seemingly arcane, these code redefinitions are a big deal in the ongoing conversion of ag lands into urban uses (like tourism processing and "agricultural" worker housing), and to the changing meaning of the "right to farm", all of which is beginning to impact and diminish the rural, small town character that is a legacy of a previous generation of community leaders. NapaVision2050 encourages you to write a letter to the Supervisor here.

Update 4/19/17

Stephen Donoviel LTE 4/19/17: The definition of agriculture

Dr. Donoviel gives the historical context for the County's unique definition of agriculture and its use, first in service to protect the agricultural future of the county and, and more recently, its re-crafting to serve the needs of development interests. And finally, a proposition to place the definition before the voters.

Update 4/9/17

NVR 4/9/17: Napa County's new definition of agriculture to include marketing and sales

On Apr 4th, the Board of Supervisors approved (5-0) changes in County ordinance §18.08.040. The revision markup is here. (As Dir. Morrison noted the following day, it was the first of the APAC recommendations to be completed - almost a year after being made.) It adds farmworker housing ("agricultural employee housing" in the General Plan, another definitional discrepancy needing clarification), agricultural processing facilities and marketing facilities "accessory" to production facilities to the list of buildings that can be built in the ag zones of the county. I was pleased to see that wineries and event centers were placed below chicken coops in the pecking order of buildings permitted under the ordinance, though I expect that we will continue to see more event centers than chicken coops being built.

The meeting was contentious with residents negatively impacted by the "marketing of wine", i.e. tourism, up against the "wine industry" that sees greater profits to be made in tourism development. Sup. Pedroza acknowledged the resident-vs-industry angst and tried to calm the room by pointing out that this redefinition was simply to bring the code into conformance with the general plan, (just as arguments were made in 2010 that changes to the WDO were merely clarifications) and that re-visioning the definition of agriculture was appropriate for another forum. Of course that forum was the APAC process, in which changes to the General Plan were never seriously considered. While much hot air was given to the subject at APAC (e.g. here), AG/LU-2 remained fixed in stone. Debra Dommen spoke up then, as she did today, to state that "we've" been working on this since 2006 and that the General Plan update in 2008 settled the issue. By "we" of course she meant the wine industry, not the citizens of Napa County.

Geoff Ellsworth's philosophical take on the issue is here.

Update 3/29/17

On Apr 4th, 2017 the Board of Supervisors will weigh in again (item 9H here) on the proposed update to the definition of "agriculture" in the County Code of Ordinances to bring it into alignment with the "marketing" aspect of the definition in the General Plan that has fueled the rapid transition from an agricultural economy into an entertainment economy.

Of interest are 2 documents from staff, demanded by the Board at the last meeting to give context to the issue, detailing the histories of Napa's peculiar definition of "agriculture" in both the General Plan and in the County Code.

Update 3/21/17

NVR 3/23/17: Napa County still struggling with its agriculture definition

After a presentation by Dir. Morrison to the BOS today on changes to the definition of agriculture in county ordinance §18.08.040 (item 9B here) and a stream of citizen arguments about the apparent equation of processing, marketing and housing in the definition and the confusion and inconsistencies that the definition portends for the "right to farm" and for unintended development in the county (and a couple of industry reps supporting approval as being in line with the developer-friendly definition they created for the General Plan in 2008), the Board had their say.

Sup. Dillon started out expressing frustration that the definition was not given appropriate context for the benefit of the two new board members and others unfamiliar with the long and fraught history of the definition in the county, seeming to feel that the definition was being presented as a fait accompli for their approval and not given appropriate due diligence appropriate to its primal significance to the county's soul. Chair Pedroza, obviously anxious to despatch the issue as quickly as possible, after rigorously enforcing the 3 minute rule for public comments, ran into wordsmithing issues from Sups. Gregory and Ramos who, with fresh eyes, were concerned about the ambiguity of the relation of agriculture to agricultural processing and agricultural processing to marketing.

Dir. Morrison spent a fair portion of the last two years dealing with this issue and seemed vexed that it was headed back to staff and council for yet another editing session. The item was continued and the Board will consider the definition of agriculture again at its April 4th, 2017 meeting at the very precise time of 11:15am.

Norma Tofanelli has updated her letter on the real dangers and conflicts of placing marketing activities, farm worker housing and all other accessory uses, under the "right to farm" protections of the code of ordinances. Her letter is here.

Geoff Ellsworth reiterated his opinion that the definition might be called the "Knott's Berry Farm ordinance", an issue more discussed here.

Ginny Simms (the only speaker with enough status to be able to ignore the 3 minute admonitions) brought forward the need in the definition for "bright-line" conditions that separate farming from processing and that separate processing from marketing. The various conditions sprinkled throughout the General Plan and the Code of Ordinances present some very muddy lines indeed, and this current proposal seemed to do nothing to brighten things up. A muddy definition is, of course, a boon for developers seeking to turn ambiguity into building projects.

Update 9/23/16

The vote was 4 to 1 (Comm. Phillips voting no) to send the revised definition on the BOS with recommendations for some staff clarifications on the verbiage.

NVR 9/26/16: Napa wrestles with definition of agriculture

Correspondence received at or prior to the meeting is here. The correspondence, particularly the two legal letters, reinforce the points made by Norma Tofanelli below. It has become obvious that, from the 2008 General Plan revisions on, there has been a consistent effort on the part of corporate development interests to weaken the protections that have allowed Napa County to remain an agricultural economy and kept it's agricultural lands free from development. Following the squashing of community concerns in the APAC hearings and the election a development candidate in the Supervisorial primary, re-defining the meaning of agriculture to allow urban development in its name is a principal part of the process, as James Hickey recognized in the quote at the top of the WDO page.

Update 9/21/16

Today, Sept 21st 2016 public comments will be heard on the proposal for changes as shown in Dir. Morrison's email below to the definition of agriculture as set out in Napa County ordinance 18.08.040

NVR 9/19/16: Napa planners to discuss agricultural definition

While my initial view was that the additional convolutions generated by the changes will just create more uncertainty about the definition of agriculture (an uncertainty that tourism entrepreneurs and real estate developers will continue to milk), Norma Tofanelli has shown just how easy it will be to create milking stations going forward - the probable intention of the changes. The new definition, if adopted, will give the legal basis to claim that winery event centers, country stores and other tourist venues (Nut Tree comes to Napa) no longer need use permits to be built. They will be allowed "by right" just as real agriculture (you know, the growing and harvesting of crops) currently is.

She writes:

Chapter 18.16 AP AGRICULTURAL PRESERVE DISTRICT

§18.16.020

The following uses shall be allowed in all AP districts without use permits: A. Agriculture;

Chapter 18.20 AW AGRICULTURAL WATERSHED DISTRICT

§18.20.020

The following uses shall be allowed in all AW districts without use permits: A. Agriculture;

Chapter 2.94 AGRICULTURE AND RIGHT TO FARM

§2.94.010

"Agriculture" shall have the same meaning as "agriculture" as defined in Section 18.08.040 of this code.

Her 3/20/17 version of the letter is here.
Her previous 9/19/16 version is here

8/29/16

At the coming planning commission on Sept. 21h, 2016, Planning Director David Morrison is asking for public comments (and commissioner recommendations to the BOS) on a revision to the Napa County Ordinance 18.08.040 definition of agriculture, to bring it into alignment with the Napa County General Plan policy AG/LU-2, the County's prime definition of agriculture. It seems to go a bit further than just alignment by clarifying that the "related marketing sales and other accessory uses" mentioned in AG/LU-2 are "incidental and subordinate" to agricultural production uses. "Related accessory uses" are defined in other parts of the county code as being incidental and subordinate to production, but omission of that clarification from the two principal definitions of agriculture has been a lingering concern. The notice for the subsequently re-noticed Sept 7th hearing is here.

Director Morrison sent along the email below [superceeded by this 3/20/15 markup] which shows proposed changes (in red) to the principal county ordinance defining agriculture. He also sent along a second email modifying the changes (shown in blue), cobbled on at the recommendation of staff and the county council.

From: "Morrison, David"
Subject: Agricultural Definition Ordinance
Date: August 26, 2016 at 5:29:19 PM PDT

All,

The Napa County General Plan includes the following:

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.

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 except as provided for in Policy AG/LU-16, and that marketing activities and other accessory uses remain incidental and subordinate to the main use.

This Policy and Action Item were also reviewed extensively by the Agricultural Protection Advisory Committee, Planning Commission, and the Board of Supervisors over the past year. In April of this year, the Board unanimously reconfirmed their support for this Policy and directed staff to implement the Action Item. As a result, I will be presenting the ordinance change shown below to the Planning Commission on September 7 and will be asking that they recommend approval to the Board of Supervisor (amended text is shown in red font and 9/4/16 additions in blue):

On the same meeting, I will be recommending that the Planning Commission accept a PBES department policy establishing guidelines for the use of variances.

If you have any questions or would like additional information regarding this item, please contact me directly.

Respectfully,

David

------------------------------------------

Section 18.08.040 - Agriculture

"Agriculture" means the raising of crops or livestock and includes the following:

A. Growing and raising trees, vines, shrubs, berries, vegetables, nursery stock, hay, grain and similar food crops and fiber crops;

B. Grazing of livestock and feeding incidental thereto;

C. Animal husbandry, including, without limitation, the breeding and raising of cattle, sheep, horses, goats, pigs, rabbits and poultry and egg production, except as provided in subsection (I) of this section;

D. Production and processing of agricultural products, including agricultural processing facilities notwithstanding requirements for obtaining a conditional use permit;

E. Marketing, sales, and other accessory uses that are related, incidental and subordinate to the main agricultural use, notwithstanding requirements for obtaining a conditional use permit;

F. Farmworker housing as defined in Section 18.08.294;

G. Sale of agricultural products grown, raised or produced on the premises;

H. Farm management uses meeting all of the standards in subsections (H)(1) through (H)(6) of this section. Farm management shall mean the operation, maintenance and storage of farm machinery, equipment, vehicles and supplies used exclusively for agricultural cultivation and harvesting where all machinery, equipment, vehicles and supplies are leased or owned and operated by the farm manager whether that manager is an owner, tenant, or agricultural contractor, and regardless of whether properties managed are contiguous or under similar ownership, provided that at least seventy-five percent of the managed acres are within Napa County. Farm management shall not include manufacturing for sale or retail sales of any kind and shall not include businesses devoted to equipment storage, rental or repair rather than farming. Farm management shall not include the operation, maintenance or storage of equipment used for construction of structures, even if those structures are in support of agriculture;

(H)

I. Agriculture shall not include the raising and keeping of more than twenty-five roosters per acre, up to a maximum of one hundred roosters per legal parcel, except as may be permitted pursuant to Chapter 6.18.

Focusing a light on ordinance 18.08.040 frankly raises more questions than it answers. Agriculture "means" the raising of crops and livestock which "includes" a bunch of other things that are not the raising of crops and livestock? Huh? The ordinance begins with the lofty goal of defining "agriculture" but then spends 75% of the text in the weeds of farm management and roosters. If farm management is so well covered what about other agricultural uses. Wineries get entire additional sections of the code. But it seems like canneries, dairies, slaughterhouses, tanneries are also allowed under this wording. As well as their incidental and subordinate accessory produce stands, produce/dairy grocery stores, butcher shops, leather apparel stores, seed or hay supply stores. As will be, I assume, the facilities needed to process and market marijuana in the (near?) future.

The blue additions add even more confusion. Although there may be a different legal meaning, the dictionary indicates the word "notwithstanding" is synonymous with "in spite of" - meaning what?, that the requirements for obtaining a conditional use permit contain a different definition of agriculture? (the latest 3/20/17 ordinance mark-up is here and I'm glad to see that "notwithstanding" is gone.) Are these the requirements? Shouldn't the requirements be changed to reflect this prime definition, rather than this definition be qualified to accommodate inconstancies elsewhere? Should the conflicting requirements have to be stated here as well? (Recall also the county's recent dismissal of the Oak Woodland Initiative for not including the text of referenced documents.) More questions about the County's definition of agriculture seem to be raised than answered here.

Independent of the eccentricities of 18.08.040, the effort to introduce one more repetition of the "incidental and subordinate" nature of marketing to production into the county code is greatly appreciated. It would be even better if that language was also included in AG/LU-2 itself. But I have to admit that the concerns over the definition of agriculture now seem to be a somewhat academic exercise. There is nothing incidental or subordinate about the impacts that the "marketing of wine" is having on the quality of life and rural character of Napa County. Those impacts, whether in traffic, housing shortages, deforestation, infrastructure costs, are beginning to dominate life in the county, just as they threaten to dominate our lives in the remote area at the top of Soda Canyon Road. Nothing in the General Plan or Code of Ordinances has been altered enough in the last year to change the trajectory of urban development that threatens the rural character of the county.

Last year, in the public angst that led to the formation of APAC, and before Sup. Pedroza received his developers' mandate, there was some optimism that those impacts might be engaged with an expectation of abatement. And that the continuing winery proliferation that is the leading edge of the transfer of a resident-based agricultural economy into a corporation/plutocrate-based tourism economy might be slowed. As the three winery use permits that will probably be approved on Sept 7th may attest, that transfer continues unabated.

Related:
Many articles on this WDO page fret over the definition of agriculture.
APAC posts on the definition of agriculture are here and here and here and here