CHAPTER 2.2
AGRICULTURAL LANDS AND OPERATIONS
ARTICLE I. IN GENERAL
2.2-40. Notice to purchasers of real property
ARTICLE II. CULTIVATION OF INDUSTRIAL HEMP
2.2-130 Limited areas for hemp cultivation
2.2-140 Hemp cultivation permit
2.2-150 Terms and conditions of hemp cultivation permits
2.2-160 Permit expiration – Renewal
2.2-180 Destruction of noncompliant crops
2.2-210 Limitation on county’s liability
ARTICLE III. AGRICULTURAL MITIGATION PROGRAM
2.2-330 Mitigation requirements
2.2-360 Farmland mitigation plan
2.2-370 Approval and completion
ARTICLE I. IN GENERAL
2.2-10 Definitions
Unless the context otherwise requires, the following definitions in this section govern the construction of this chapter in order for more effective interpretation and enforcement.
Agricultural lands. Agricultural lands are those land areas of the county specifically classed and zoned as exclusive agricultural (A) districts, limited agricultural (A-L) districts, park (P) districts, watershed and conservation (W) districts, and marsh preservation (MP) districts, as those districts are defined in Chapter 28 of this Code and such other land actually used for agricultural operations.
Agricultural operations. Agricultural operations means and includes, but is not limited to, cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry; and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market.
(Ord. No. 1270 §1; Ord. No. 1378, §1)
2.2-20 Findings and policy
It is the declared policy of this county to conserve and protect both intensive and extensive agricultural land, and encourage agricultural operations within the county, and to specifically protect those lands for exclusive agriculture use or uses which do not interfere with agricultural operations. Where nonagricultural uses, especially residential development, extends into agricultural areas or exist side by side, agricultural operations have often become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to cease or curtail operations and many others are discouraged from making investments in farm improvements, to the detriment of adjacent agricultural uses and economic viability of the county’s agricultural industry as a whole. It is the purpose and intent of this section to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. This section is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 of the Water Code relative to nuisances; but, rather, is only to be utilized in the interpretation and enforcement of the provisions of this Code and county regulations.
The further purpose of this Code is to promote a good neighbor policy between agriculturalists and residents by advising purchasers and residents of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence, including, but not limited to, the sounds, odors, dust, and chemicals that may accompany agricultural operations so that such purchasers and residents will understand the inconveniences that accompany living side by side to agriculture, and be prepared to accept such problems as the natural result of living in or near rural areas.
(Ord. No. 1270, §1; Ord. No. 1378, §1)
2.2-30 Nuisance
No preexisting or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards on agricultural land shall become or be a nuisance, private or public, due to any changed condition of adjacent land uses in or about the locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances, or if the agricultural activity or appurtenance obstructs the free passage or use in the customary manner of any navigable lake, river, stream, canal or basin, or any public park, square, street or highway.
(Ord. No. 1270, §1; Ord. No. 1378, §1)
2.2-40 Notice to purchasers of real property
Notice concerning this chapter may be given to purchasers of real property in the County of Solano by including the following notice with any preliminary title report and any grant deed, quitclaim deed, or land sale contract returned to the grantee by the recorder after recording:
Notice to Purchaser of Real Property
Solano County is an agricultural county with many areas zoned for agricultural operations. The presence of farms and ranches yields significant aesthetic and economic benefits to the residents of the County. Thus, the County’s agriculture must be protected, including in areas where it is near residential development. To do this, Solano County has enacted Chapter 2.2 of its County Code, which provides that properly conducted agricultural operations will not be deemed a nuisance.
The ordinance further requires the County to give notice of the Ordinance and its provisions to buyers of real property located in Solano County. Accordingly, you are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting, and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate dust, smoke, noise and odor.
If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agriculture sector.
To assist in resolving problems between residential and agricultural land use, an Agricultural Grievance Committee has been created in Solano County to arbitrate and mediate disputes concerning agricultural operations. For information concerning where agricultural operations are located in relation to your property, you may contact the Solano County Department of Resource Management. For questions concerning the specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, and information on the Agricultural Grievance Committee, you should contact the Solano County Agricultural Commissioner.
This notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available remedy concerning any unlawful or improper agricultural practice.
(Ord. No. 1270, §1; Ord. No. 1378, §1; Ord. No. 1630, §1; amended during August 2015 supplement)
2.2-50 Installation of signs
The county may install or permit the installation of signs at the entry of or within established farming areas zoned as “agricultural land” to notify and explain to purchasers that some of the land in this area is being used for agricultural purposes and that the producers’ interests are protected by law. The prospective purchaser of such land or a residence is advised to check local agencies as to any regulation or requirements which may affect agricultural property and of inherent potential problems associated with a purchase of such property or a residence in areas zoned as an “agricultural land” and of the likely effects of such agricultural operations.
(Ord. No. 1270, §1; Ord. No. 1378, §1)
2.2-60 Repealed
(Ord. No. 1760, §2; Ord. No. 1854, §1)
2.2-70 Noise making devices
(a) For purposes of this section, “noise making device” means a gas cannon, scare gun, automatic exploder, or any similar device used to frighten birds or other wildlife away from an agricultural crop.
(b) The use of a noise making device is prohibited and constitutes a nuisance except under the following conditions:
(1) It may only be used for the protection of an agricultural crop susceptible to bird or other wildlife damage.
(2) It shall not be operated more than eleven (11) times per hour, and only from one-half (1/2) hour after sunrise to one-half (1/2) hour before sunset.
(3) No more than one (1) noise making device shall be allowed for every five (5) acres of land in production with a crop susceptible to bird or other wildlife damage.
(4) A noise making device within fifty (50') feet of the property line must be relocated at least two hundred (200') feet every four (4) days. A noise making device placed in the center of the property or the center of the crop to be protected does not have to be relocated.
(5) A noise making device shall not be directed towards any residence unless the residence is more than four hundred (400) yards from the device. For residences less than four hundred (400) yards from the device, the noise making device must rotate automatically and have a sound baffle erected between the residence and the noise making device. The baffle shall be mounted no more than five (5) feet from the noise making device.
(c) Operating a noise making device in a manner inconsistent with the requirements of this section shall result in a written warning issued by the agricultural commissioner, sheriff, or other authorized representative of the county for the first violation. Each subsequent violation is an infraction punishable as provided by Government Code Section 25132.
(Ord. No. 1761, §2)
2.2-80 Severability
If any section, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the chapter.
(Ord. No. 1270, §1; Ord. 1378, §1; Ord. No. 1761, §1. Formerly 2.2-70)
ARTICLE II. CULTIVATION OF INDUSTRIAL HEMP1
2.2-100 Purpose
It is the purpose and intent of the ordinance codified in this article to add Article II to Chapter 2.2 of the Solano County Code to impose reasonable regulations to protect the county’s residents, neighborhoods, businesses and the environment from disproportionately negative impacts caused by cultivation of hemp and enforce rules and regulations consistent with state law. It is further the purpose and intent of the ordinance codified in this article to require all persons seeking to cultivate hemp in the unincorporated area of the county to obtain a permit. Nothing in this article is intended to authorize the cultivation of hemp for purposes that violate state or federal law. The provisions of this article are in addition to any other permits, licenses, and approvals that may be required to cultivate hemp in the county, including the requirement to register with the Agricultural Commissioner pursuant to Section 81003, 81004, or 81004.5 of the California Food and Agricultural Code.
(Ord. No. 1816, §2)
2.2-110 Authority
The board of supervisors for the County of Solano enacts this article under the authority granted to the county by Article XI, Section 7 of the California Constitution, Government Code Section 25845, California Food and Agricultural Code Section 81000 et seq., and the federal Agricultural Improvement Act of 2018.
(Ord. No. 1816, §2)
2.2-120 Definitions
For the purposes of this article, the following definitions shall apply, unless the context clearly indicates otherwise. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. If a word is not defined in this article, the common and ordinary meaning of the word shall apply.
(a) “Applicant” is a person applying for an initial or renewal hemp cultivation permit under this article.
(b) “Cultivation” means any activity involving the propagation, planting, growing, or harvesting of hemp, including activities carried out by hemp breeders or by established agricultural research institutions for research or educational purposes. “Cultivation” also means the processing of harvested hemp, including drying, grading, trimming, extraction of plant components, or packaging for transport, when conducted on the same property where the hemp was grown.
(c) “Enforcing officer” means the Solano County administrative officer, resource management director, sheriff, or agricultural commissioner, or their authorized deputy(ies) or designee(s), or any person employed by the County of Solano and appointed to the position of code enforcement officer, each of whom is independently authorized to enforce this article.
(d) “Established Agricultural Research Institution” has the same meaning as in Section 81000 of the California Food and Agriculture Code.
(e) “Extraction” means a process by which cannabinoids are separated from hemp plant material through chemical or physical means.
(f) “Greenhouse” means a structure or thermally isolated area of a building that maintains a specialized sunlit environment used for and essential to the cultivation, protection, or maintenance of plants.
(g) “Hemp” or “industrial hemp” has the same meaning as in Section 81000 of the Food and Agricultural Code. That section defines industrial hemp as “an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one (0.3%) percent on a dry weight basis.”
(h) “Hemp cultivation permit” means the permit established pursuant to this article, which is required to engage in a hemp cultivation in the unincorporated area of Solano County.
(i) “Hoop house” means a shade cloth structure that is readily removable and temporary in nature, without any equipment or utilities. The ends may be covered or left open and the material covering the structural members is readily removable and is typically removed and re-affixed frequently.
(j) “Indoor” means within a fully enclosed and secure structure that complies with the California Building Code (CBC), as adopted by the County of Solano, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two (2") inches by four (4") inches or thicker studs overlain with three-eighths of one (3/8") inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
(k) “Outdoor” means a location that is not indoors.
(l) “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, including an established agricultural research institution, or any other group or entity, or combination acting as a unit. Except where otherwise indicated by context, the singular shall include the plural.
(m) “California Industrial Hemp Law” means Division 24 of the California Food and Agricultural Code, beginning at Section 81000, as may be amended from time to time.
(n) “Permit holder” means a person who has been issued a hemp cultivation permit pursuant to this article.
(o) “Processing” means the extraction of plant components, packaging for transport, storage, including the storage in a vehicle, trailer, or other container waiting for transport, refinement, treatment, removal of flowers, or conversion of hemp where a physical, chemical or similar change of the hemp plant occurs. Examples of hemp processing include but are not limited to cooling, freezing, dehydrating, extracting oil, or the sorting, cleaning, packing, and storing of products preparatory to sale or shipment.
(p) “Site” means the area(s) designated in the applications materials on part of a parcel or adjoining parcels under single ownership or control that may contain hemp, including, for example, the cultivation area(s) and structure(s) used for incidental activities.
(q) “Volatile solvent” means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.
(Ord. No. 1816, §2)
2.2-130 Limited areas for hemp cultivation
(a) Hemp cultivation, including seed production, may only be eligible for a hemp cultivation permit within the geographical area of unincorporated Solano County bounded by:
(1) The western boundary shall be a north to south line running one (1) mile east of Highway 113 between Midway Road on the north to a point three (3) miles north of Highway 12.
(2) The eastern boundary shall be the eastern county boundary line.
(3) The southern boundary shall be a line running west to east three (3) miles north of Highway 12 from one (1) mile east of Highway 113 and extending to the eastern county boundary line.
(4) The northern boundary line shall be Midway Road as it extends from one (1) mile east of highway 113 on the west to the eastern County boundary.
(b) Setbacks.
(1) Hemp cultivation shall be located no closer than one hundred (100') feet from the parcel boundary line and no closer than two thousand five hundred (2,500') feet from an off-site occupied legal residence under separate ownership. Notwithstanding the foregoing, indoor hemp cultivation may potentially be located within two thousand five hundred (2,500') feet of an off-site occupied legal residence under separate ownership subject to conditions of the hemp cultivation permit, which may include signed written consent of the owner of the off-site occupied legal residence.
(2) Setbacks shall be measured from the closest point of the cultivation site to the closest point of the residence.
(Ord. No. 1816, §2)
2.2-140 Hemp cultivation permit
(a) Prohibition. It is unlawful and shall constitute a public nuisance for any person, including an established agricultural research institution, to engage in hemp cultivation within the unincorporated area of Solano County without first obtaining a hemp cultivation permit. A hemp cultivation permit is a discretionary permit process that requires public notice and a public hearing.
(b) Applicability.
(1) Nothing in this article, including the issuance of a hemp cultivation permit, relieves a person from responsibility for damage to other persons or property, or imposes liability upon the county, its officers, agents, or employees, for damage to persons or property.
(2) Nothing in this article eliminates the need for a person undertaking hemp cultivation to comply with local, state, or federal law, or to obtain other permits, approvals, or authorizations required by this code or state or federal agencies.
(c) Application Requirements. Prior to the review of any application for a hemp cultivation permit by the department of resource management, the applicant shall submit a complete application package. A complete application package includes the following components:
(1) Completed application form provided by the department of resource management along with any applicable application or permit fee.
(2) Applicants must submit a security plan for review and approval by the Solano County sheriff’s office.
(3) Applicants must be the deed holder of the land upon which the hemp cultivation will occur or provide a notarized written consent from the deed holder, in a form acceptable to the director of resource management, granting permission to engage in hemp cultivation on the specified parcel(s).
(4) Applicants must demonstrate that they satisfy the registration requirements set forth in the California Industrial Hemp Law.
(5) Applicants must declare whether hemp cultivation will be for purposes of seed, fiber, oil, flower or nursery production.
(6) Applicants must complete a California Department of Food and Agriculture Destruction Plan form, or other destruction plan form approved by the Solano County agricultural commissioner, detailing how the crop would be destroyed should it fail to meet the THC limits specified by the Food and Agriculture Code Section 81006(e) et seq.
(7) Applicants must deposit funds or other security approved by county counsel, which may include a bond, in an amount sufficient to cover all costs and expenses likely to be incurred by the county in the implementation and enforcement of this article. Cash received by the county will be deposited into the county treasury and kept in a separate account for this purpose. Any funds deposited with the county and not expended by county will be refundable within one year from the date of issuance of the hemp cultivation permit, unless the applicant opts to apply the deposit to the following year’s approved application.
If security is provided in the form of a bond, the bond shall be conditioned upon full and faithful performance by the permit holder of all obligations under this article and the hemp cultivation permit and shall be kept in full force and effect by the permit holder throughout the life of the hemp cultivation permit and all renewals.
In the event that the permit holder violates any of the provisions of this article or any county rules or orders, including failure to pay any fees due to the county, such violation shall permit the county at its option to resort to the security provided, including a bond, to cover any costs incurred.
(8) Applicants must, along with the owners of the property on which the site is located, execute an agreement to indemnify and hold harmless the County of Solano and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the cultivation of hemp and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the cultivation of hemp in a form prescribed by the county. The indemnification shall apply to any damages, costs of suit, attorneys’ fees or other expenses awarded against the county, its agents, officers and employees in connection with any such action.
In addition, the agreement shall release the County of Solano, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any abatement, arrest or prosecution for cultivation in violation of state or federal laws.
(d) Public Hearing. The director of resource management, or his/her designee, will hold a public hearing on any hemp cultivation permit application.
(e) Public Notice. Notice of the hearing shall be given pursuant to Section 28-04 of the Solano County Code.
(f) Action.
(1) The director of resource management may approve an application for a hemp cultivation permit if he/she finds that the requirements set forth in this article are fulfilled.
(2) When approving a hemp cultivation permit, the director of resource management may impose conditions in addition to the general conditions enumerated in Section 2.2-150, together with guarantees that such conditions will be complied with, when such additional conditions are in the public interest.
(3) Any action taken by the director of resource management on a hemp cultivation permit application shall not become effective until the time for filing an appeal has expired or, if an appeal has been filed, the appeal has been decided or withdrawn.
(g) Required Findings.
(1) That the applicant exhibits proof that the establishment, maintenance or operation of a hemp cultivation use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in or passing through the vicinity of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.
(2) That an adequate security plan has been provided and that odor will not have a significant impact on nearby residences. Approval of a security plan by the sheriff’s office will be substantial evidence that the standard has been met.
(h) Appeals.
(1) The board of supervisors shall have power to hear and decide appeals when it is alleged by the appellant that there is error in any decision or determination made by the director of resource management or his/her designee in the administration or enforcement of this article. Appeals will be conducted in accordance with rules and procedures established by the office of the county counsel.
(2) Any person aggrieved or affected by any determination made under this article may, within ten (10) calendar days of the date of the decision of determination, file an appeal in writing with the clerk of the board of supervisors. The written appeal must contain the factual and/or legal basis for the appeal and the appeal must be accompanied by such fee or fees as may be set by the board of supervisors. No part of the fee or fees is refundable.
(3) Filing of an appeal shall stay all proceedings until determination of the appeal. Upon receipt of such appeal, the clerk of the board will set the date for a hearing and provide notice of the hearing pursuant to Section 28-04.
(4) Notice of the board of supervisor’s decision will be provided in writing to the appellant.
(Ord. No. 1816, §2)
2.2-150 Terms and conditions of hemp cultivation permits
A hemp cultivation permit will state the terms and conditions upon which hemp may be cultivated by the permit holder, including but not limited to the following:
(a) Hemp cultivation must be conducted in accordance with all applicable federal, state and local laws, rules, regulations and standards including but not limited to those related to setbacks, building permits, land conversion, grading, electricity, water usage, water quality, wildlife, woodland and riparian habitat and species protection, agricultural discharges and worker and environmental protections.
(b) The permit holder must consent to inspections, crop sampling and testing that may be conducted at any reasonable time, with or without prior notice, at the discretion of the county. A permit holder is responsible for payment of the actual costs, including, but not limited to, the costs of staff time, for monitoring and inspection activities.
(c) A permit holder must grant to the County of Solano the right to enter onto any hemp cultivation site, and any buildings or enclosures in which hemp is located, with or without prior notice, as reasonably necessary to inspect, sample and/or test the crop and to destroy noncompliant crops pursuant to the California Industrial Hemp Law and this article.
(d) Hemp cultivation must be conducted in accordance with a security plan reviewed by the Solano County sheriff’s office. Such plan must, at a minimum, describe physical and operational security measures sufficient to deter theft, mitigate other potential crime, and appropriately secure hemp and hemp-derived products.
(e) Any structure(s) used for hemp cultivation must have all permits required under state law and Solano County Code.
(f) Drying and trimming of hemp must be conducted in a hoop house, in a greenhouse or indoors. Harvested hemp may not remain outdoors beyond the day it is harvested.
(g) Permit holders may conduct hemp processing on the site, but all processing activities must occur Indoors within secure permitted buildings/structures.
(h) The following restrictions apply to hemp nursery production:
(1) No flowering plants allowed; and
(2) Applicants for the cultivation of transplants or seed must have a license to sell nursery stock issued by the California Department of Food and Agriculture as required under California Food and Agricultural Code Section 6721 et seq.
(i) All parcels used for hemp cultivation shall have on-site signage indicating that hemp is being cultivated on site. The signs shall be in English and Spanish and:
(1) State: "INDUSTRIAL HEMP – NO TRESPASSING".
(2) Be of a size so that the wording on the sign is clearly visible and readable to a person with normal vision from a distance of twenty-five (25') feet; and
(3) Use letters and symbols that are of a color that sharply contrasts with their immediate background; and
(4) Be posted at the corners of the parcel and at all usual points of entry to the parcel, including each road, footpath, walkway, or aisle that enters the cultivation area. When a parcel is adjacent to a public right-of-way, such as a road, trail, or path, signs shall be posted at intervals not exceeding six hundred (600') feet along the parcel’s border with the right-of-way.
(j) Applicants are responsible for the actual costs incurred by the county in regulating hemp cultivation, including, but not limited to, the costs of staff time associated with processing a hemp cultivation permit, inspecting and monitoring hemp cultivation sites, sampling and testing, coordination with other affected county departments, and associated activities of the sheriff’s office or an enforcing officer. The amount of fees for such permits will be set by the board of supervisors and not exceed the amount reasonably required to inspect, administer, or process the required permits, certificates, licenses, or other forms or documents, or to defray the costs of regulation required to be carried out by the county including all costs of enforcement.
(k) Failure to pay all fees attributable to county costs incurred due to the permitting or regulation of hemp is cause for revocation or nonrenewal of the hemp cultivation permit until all outstanding fees are paid in full.
(l) Testing of hemp done pursuant to this article must be done by a laboratory approved by the county.
(m) Processing using volatile solvents is prohibited.
(n) Any violation of the terms of the hemp cultivation permit is cause for revocation or nonrenewal of the hemp cultivation permit.
(o) The owner(s) of the property on which the site is located is responsible and jointly liable for all violations of this article and applicable laws with respect to the property and the hemp cultivation permit.
(Ord. No. 1816, §2)
2.2-160. Permit expiration, renewal.
(a) Expiration. A hemp cultivation permit expires one year from the date of issuance.
(b) Renewal. A hemp cultivation permit is subject to annual renewal. The director of resource management may administratively approve a hemp cultivation permit renewal if all the following criteria are met:
(1) The permit holder has requested renewal;
(2) The permit holder has paid any applicable renewal fee;
(3) The permit holder has registered with the county agricultural commissioner for the following year pursuant to the California Industrial Hemp Law;
(4) The use is being conducted in full compliance with all conditions of the hemp cultivation permit and all requirements of law and this article;
(5) That the use for which the hemp cultivation permit was granted has not been conducted so as to be a nuisance or detrimental to the public health, welfare, or safety; and
(6) The permit holder has taken substantial steps towards putting the property into the use for which the hemp cultivation permit was granted within the preceding year.
(c) If the criteria are not met for administrative approval, the applicant must submit a new application and follow the application process required by this article for an initial hemp cultivation permit.
(Ord. No. 1816, §2)
2.2-170 Hemp transportation
Any person transporting hemp must have in their possession a copy of the certificate of registration issued by the county agricultural commissioner and a certificate of analysis demonstrating that the hemp has met the three-tenths of one (0.3%) percent THC maximum level permitted by law.
(Ord. No. 1816, §2)
2.2-180 Destruction of noncompliant crops
A hemp crop that does not comply with the provisions of this article and all applicable provisions of state and federal law, and associated rules and regulations, must be destroyed. Crop destruction will proceed in accordance with all applicable laws and regulations, including Food and Agricultural Code Section 81006 and California Code of Regulations, Title 3, Sections 4950 and 4950.1; however, if a second laboratory test report from crop retesting indicates the percentage concentration of THC exceeds three-tenths of one (0.3%) percent but is less than one (1%) percent, destruction of the noncompliant hemp crop must be completed within seven (7) days instead of forty-five (45) days.
(Ord. No. 1816, §2)
2.2-190 Violations
(a) The cultivation of hemp in violation of federal, state, and local laws and/or rules and regulations, including the duty to register with the state, obtain a hemp cultivation permit, and to comply with requirements for cultivation, sampling, laboratory testing, harvesting, and crop destruction, is deemed to be conducted or maintained in a manner inconsistent with proper and accepted customs and standards on agricultural land and constitutes a public nuisance.
(b) Any person guilty of a violation of the provisions of this article will be liable for such costs, expenses and disbursements paid or incurred by the county in abatement and prosecution of the violation.
(c) It is unlawful and constitutes a misdemeanor for any person to violate or fail to comply with any provision of this article. A misdemeanor shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
(d) Each person is guilty of a separate offense each and every day during any portion of which any violation of any provision of the ordinances of the county is committed, continued or permitted by any such person.
(e) In addition to any other remedy, violation of any of the provisions of this article may be remedied by injunction or other civil proceedings.
(f) All remedies listed in this article, including permit revocation, shall be cumulative and not exclusive. The county is authorized to pursue any proceedings or remedies provided by law.
(g) The permit holder is responsible for any and all violations of applicable state and/or local laws, as well as any of the provisions of this article, whether committed by the person holding the hemp cultivation permit, any employee or agent of the person holding the hemp cultivation permit, which violations occur in or about the person holding the hemp cultivation permit or whether or not the violations occur within that person’s presence.
(Ord. No. 1816, §2)
2.2-200 Enforcement
(a) Violation Notices and Orders. The enforcing officer may issue a violation notice to any person that is not in compliance with this article. The notice shall include the violation(s) found, the specific corrective action required, a date for corrective action to be completed, and notice that failure to comply with the notice may result in revocation of the hemp cultivation permit and the right to request an appeal to the director of resource management, or his/her designee, within five (5) days of receipt of the notice. Failure to request a hearing within the specified time frame waives such right.
The appeal request must set forth the factual and/or legal basis for the appeal, as applicable, and be received by the department of resource management by the deadline. Failure to request a hearing in the manner required and within the specified time frame waives such right.
(b) Administrative Hearing Proceedings. Upon receipt of a written request for an appeal of a notice of violation, the department of resource management will schedule the appeal and provide written notice of the time and location of the appeal to the appellant. The director of resource management or his/her designee shall serve as the administrative hearing officer. At the time and date specified on the notice, the administrative hearing officer shall hear the violations charged against the appellant. The administrative hearing officer will review the evidence and determine the validity of the violations and determine the appropriate remedy to correct the violation, if any.
(c) Permit Revocation. Failure to correct the violation, as required by the notice of violation if not appealed, or as ordered by the administrative hearing officer after appeal, may result in the revocation of the hemp cultivation permit, under the following conditions:
(1) The county will issue notice of intention to revoke the hemp cultivation permit, which shall contain notice of the permit holder’s right to request an appeal hearing in front of the director of resource management or his/her designee.
(2) The permit holder may appeal the revocation by submitting a written appeal to the department of resource management within ten (10) days after the date of the notice of revocation. The appeal must set forth the factual and/or legal basis for the appeal, as applicable, and be received by the department by the deadline, not just postmarked by that date. The required filing fee, if any, must also accompany an appeal.
(A) Failure to request a hearing in the manner required and within the specified time frame waives such right and the department of resource management may revoke the hemp cultivation permit without a hearing.
(B) The appellant shall be given notice as to the time, date, and location of the hearing. The notice shall be delivered by certified United States mail and be postmarked at least calendar ten (10) days prior to the date of the hearing.
(C) Formal rules of evidence or procedure shall not apply at the appeal hearing, including rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Director of resource management has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(D) The standard of proof shall be by a preponderance of the evidence.
(d) Appeal. A permit holder may appeal a decision of the director of resource management to revoke a hemp cultivation permit to the Solano County board of supervisors.
(1) All appeals must be submitted in writing to the department of resource management within five (5) days of the decision to revoke the hemp cultivation permit. The appeal shall contain reasons and pertinent documentation why the appellant believes the decision to be unwarranted. Failure to request a hearing in the manner required and within the specified time frame waives such right and the department of resource management may revoke the hemp cultivation permit without a hearing. The required filing fee, if any, shall also accompany appeals.
(2) The appellant shall be given notice as to the time, date, and location of the hearing. The notice shall be delivered by certified United States mail and be postmarked at least ten (10) days prior to the date of the hearing. The clerk of the board shall set the time and place of the hearing and give notice to the appellant and the director of resource management.
(Ord. No. 1816, §2)
2.2-210 Limitation on County’s liability
To the fullest extent permitted by law, the County of Solano does not and will not assume any liability whatsoever with respect to having issued a hemp cultivation permit pursuant to this article.
(Ord. No. 1816, §2)
ARTICLE III. AGRICULTURAL MITIGATION PROGRAM
2.2-300 Purpose
The purpose of this article is to create and adopt a farmland conversion mitigation program (“agricultural mitigation program” or “program”) as directed by Implementation Program AG.I-1 in the agricultural element of Solano County’s 2008 general plan. The goal of this program is to provide clear and consistent regulations to mitigate the loss of farmland due to development or conversion to nonagricultural uses in the unincorporated area of Solano County, and to promote the long-term protection, conservation, and enhancement of productive and potentially productive farmland. The mitigation requirements are further intended to ensure the commercial viability of Solano County’s agricultural industry, and support growth management policies that encourage growth in or near developed or developing areas and away from valuable farmland.
(Ord. No. 1858, §1)
2.2-310 Definitions
For purposes of this article, certain terms used shall be defined below. The definitions set forth in Chapter 28.01 shall otherwise apply.
(a) Agricultural Conservation Easement. A perpetual easement, comparable to a conservation easement as provided for in Sections 815 to 816 of the Civil Code, or an open space easement provided for in Sections 51070 to 51097 of the Government Code, limiting the use of the encumbered land to agricultural and accessory uses, which easement is used to satisfy the mitigation obligations imposed by this article.
(b) Agricultural Land or Farmland. Those land areas of unincorporated area of Solano County, regardless of current zoning, that are identified and mapped under the current California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) and classified as prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, or grazing land. Land that is determined to be incapable of supporting the production of agricultural commodities is excluded from this definition and does not require agricultural mitigation under this article. Any such determination shall be made by the appropriate authority in consultation with the agricultural commissioner, whose recommendation shall be given substantial weight unless unsupported by evidence.
(c) Agricultural Mitigation Program. The program implemented by this article, as directed by the Solano County general plan.
(d) Agricultural Reserve Overlay. A Solano County general plan land use designation described in Table LU-5 of the general plan that encourages private landowners to voluntarily participate in agricultural conservation easements.
(e) Alternative Mitigation. Mitigation proposed under Section 2.2-350(D) to satisfy an applicant’s mitigation obligation, subject to approval by the board of supervisors.
(f) Appropriate Authority. That person, official, or body designated to hear, grant, deny, modify, condition, revoke, or otherwise act on entitlement applications as provided by Chapter 28 of the Solano County Code.
(g) Conversion. The change in general plan land use designation, zoning designation, or use of land that requires mitigation under this article as specified in Section 2.2-320.
(h) Farmland Mapping and Monitoring Program (FMMP). The California Department of Conservation’s nonregulatory program for classifying farmland quality, which prepares, updates, and maintains important farmland series maps as defined in subsection (f) of Section 65560 of the Government Code, and prepares and maintains an automated map and database system to record and report changes in the use of agricultural lands every two years on even-numbered calendar years.
(i) Farmland Mitigation Plan. The documentation required to be submitted for review and approval by the county pursuant to Section 2.2-330.
(j) Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance. Land as identified and mapped by the FMMP classified as farmland of statewide importance, unique farmland, and farmland of local importance.
(k) Good Faith Effort. An applicant has provided documentation to establish it has:
(1) Made a thorough effort to locate quality mitigation land that provides long-term protection and conservation of substantially equivalent farmland to the land being lost to development or conversion; and
(2) Made a minimum of one bona fide offer for an agricultural conservation easement at the full appraised fair market value, but no seller has accepted the applicant’s offer, if the applicant does not already own the proposed mitigation land.
(l) Grazing Land. Lands identified and mapped by the FMMP classified as grazing land.
(m) In-Lieu Fees. Fees that the applicant pays to satisfy their mitigation obligation under this program.
(n) Mitigation Land. Land encumbered by an agricultural conservation easement or under an alternative mitigation option approved by the board of supervisors to satisfy the mitigation obligation imposed by this article.
(o) Mitigation Ratio. The replacement ratio on an acre-for-acre basis to mitigate for the conversion of farmland required under this article.
(p) Prime Farmland. Farmland identified and mapped by the FMMP classified as prime farmland.
(q) Qualifying Entity. The qualifying entity is Solano County, or another entity qualified and approved by the board of supervisors to hold agricultural conservation easements in compliance with Section 2.2-380.
(Ord. No. 1858, §1)
2.2-320 Applicability
(a) Each of the following actions shall require mitigation as set forth in Section 2.2-330:
(1) General Plan Amendment. A general plan amendment to redesignate land from an agricultural designation to any other designation, except for redesignations consistent with general plan Land Use Policy LU.P-3 and Agricultural Policies AG.P-31 to AG.P-36.
(2) Rezoning. A rezoning petition to change the county zoning assigned to land from any agricultural zoning district to any other zoning district, as defined in Chapter 28 of the Solano County Code, except for resource conservation districts.
(3) Communication and Infrastructure Uses. An application for an administrative permit, minor use permit, or use permit for communication and infrastructure use on land within any agricultural zoning district, as defined and set forth in Chapter 28 of the Solano County Code.
(b) Exemptions.
(1) Small Parcels. Conversion of a legal parcel or a portion of a legal parcel that is less than one (1) acre in area. However, this exemption shall not apply to a parcel that is one (1) phase or portion of a larger project. The appropriate authority may disallow use of this exemption if it finds that the subject property has been subdivided into one (1) acre or smaller parcels in whole or in part to avoid the mitigation obligation.
(Ord. No. 1858, §1)
2.2-330 Mitigation requirements
(a) Mitigation Ratio.
(1) Projects that convert prime farmland, farmland of statewide importance, unique farmland, and farmland of local importance shall be mitigated at a replacement ratio up to 3:1. This means that for every acre converted or developed, up to three (3) acres shall be protected.
(2) Projects that convert grazing land shall be mitigated at a replacement ratio of 1.5:1. This means for every acre converted or developed, one and one-half (1.5) acres shall be protected.
(3) Projects that convert land comprising a mix of farmland classifications may mitigate at the highest applicable ratio.
(4) For purposes of calculating the mitigation obligation under this section, a general plan amendment or rezone application shall require mitigation for the full area of the legal parcel affected by the conversion and not merely any lesser portion of the parcel that may be sought to be developed or converted to another use at the time conversion is proposed. An application seeking an administrative, minor use, or use permit for a communication and infrastructure use shall require mitigation only for the exact acreage within the full legal parcel to be converted.
(5) The mitigation ratio shall be determined based upon the most current published FMMP mapping and farmland classification of the land.
(Ord. No. 1858, §1)
2.2-340 Mitigation lands
(a) Mitigation lands shall meet the following criteria:
(1) Be assigned an agricultural land use designation under the Solano County general plan;
(2) Be assigned an agricultural zoning district under the Solano County Code;
(3) Any legal nonconforming use of the land has been or will be abandoned prior to execution of the agricultural conservation easement or, if maintained, will not interfere with agricultural use of the mitigation land;
(4) Be of adequate size, configuration, and location to be viable for continued agricultural operations and use;
(5) Be of substantially equivalent FMMP farmland classification or better compared to the land being converted;
(6) Have an adequate water supply available for continued agricultural operations and use;
(7) The mitigation land is not already subject to an encumbrance or interest that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use, such as a conservation easement, open space easement, flowage easement, avigation easement, long-term agricultural lease, profit, or an interest in the subsurface estate that would preclude development of the surface estate. A contract entered pursuant to the Land Conservation Act, Government Code Section 51200 et seq. (Williamson Act) shall not constitute an encumbrance for purposes of this section;
(8) There are no physical conditions or contamination on the mitigation land that would legally or practicably prevent converting the land, in whole or in part, to a nonagricultural use;
(9) The mitigation land does not have an existing home, unless the land proposed for conversion includes an existing home.
(Ord. No. 1858, §1)
2.2-350 Methods of mitigation
(a) Mitigation Methods, Generally. Farmland mitigation can be achieved through agricultural conservation easements, in-lieu fees, or alternative mitigation, subject to the requirements of this section.
(1) Twenty (20) or More Acres Converted. If the area to be converted is twenty (20) acres or more in size, the applicant shall grant an agricultural conservation easement on land located within the agricultural reserve overlay or within the same agricultural region (as designated by the agricultural chapter of general plan) as the land converted. If, after at least one (1) good faith effort, the applicant cannot locate an agricultural conservation easement on lands meeting that criterion, then the applicant shall grant an agricultural conservation easement elsewhere in the unincorporated area of Solano County. If, after at least one (1) additional good faith effort, the applicant cannot locate an agricultural conservation easement anywhere in the unincorporated area of Solano County, the applicant shall pay in-lieu fees or complete alternative mitigation to satisfy their mitigation obligation.
(2) Less Than Twenty (20) Acres Converted. If the area to be converted is less than twenty (20) acres in size, the applicant shall grant an agricultural conservation easement anywhere in the unincorporated area of Solano County, pay in-lieu fees, or complete alternative mitigation to satisfy their mitigation obligation.
(b) Agricultural Conservation Easements.
(1) An agricultural conservation easement shall be held in perpetuity by a qualifying entity.
(2) Mitigation land shall satisfy the requirements of Section 2.2-340.
(3) The board of supervisors may not approve a proposed farmland mitigation plan that includes an agricultural conservation easement unless it finds that the easement complies with each of the following requirements:
(A) The agricultural conservation easement specifies the land uses allowed on the property, and the uses are at least as restrictive as the requirements of the underlying zoning district.
(B) The agricultural conservation easement prohibits the presence, construction, or reconstruction of homes or other nonagricultural uses except within a development area designated in an exhibit accompanying the easement. Any such development area(s) shall not count towards acreage totals to satisfy the mitigation ratio. The easement shall specify that ancillary uses must be clearly subordinate to the primary agricultural use.
(C) The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the mitigation land.
(D) The agricultural conservation easement provides that the mitigation land will retain adequate water supply for continued agricultural operations and use.
(E) The agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.
(F) Any existing easement, other than a right-of-way easement, deed of trust, or other servitude or encumbrance on the mitigation land, shall be subordinated to the agricultural conservation easement.
(G) The agricultural conservation easement shall be approved by the qualifying entity that will hold the easement and executed by all parties with an interest in the mitigation land.
(H) The agricultural conservation easement is in recordable form and contains an accurate legal description of the mitigation land.
(I) The agricultural conservation easement names Solano County as an intended third-party beneficiary and authorizes it to enforce all terms of the easement, if applicable.
(J) The agricultural conservation easement recites that it is intended to satisfy the mitigation obligations imposed by this article, and that it is subject to the requirements set forth in this article.
(K) The agricultural conservation easement provides that if the qualifying entity holding the easement ceases to exist, ownership of the easement shall pass to the county, or another qualifying entity approved by the county.
(L) The agricultural conservation easement has been approved as to form by Solano County counsel.
(M) The agricultural conservation easement recites that it shall not be amended without further approval by the board of supervisors.
(4) The applicant, if applicable, shall pay the one-time price to purchase the agricultural conservation easement and all associated transaction costs (including, but not limited to, escrow, recording, title policy, appraisal, the qualifying entity’s administrative costs), plus a one-time payment sufficient to cover the costs of administering, monitoring, and enforcing the agricultural conservation easement.
(5) Extinguishment. If a court issues a judgment declaring that the purposes of this article and of an agricultural conservation easement can no longer be fulfilled by enforcement of that easement, the qualifying entity holding that easement may extinguish the easement by selling it to the fee owner of the mitigation land, if the following requirements are met:
(A) Either:
(i) The action was contested, and the judgment was not entered pursuant to stipulation, or
(ii) Solano County was a party to the action and stipulated to the judgment; and
(B) The qualifying entity shall use the proceeds of sale to acquire an agricultural conservation easement in other mitigation land meeting the requirements of this article.
(6) Excess Mitigation – Credits.
(A) At its sole option, an applicant may choose to arrange for the imposition of an agricultural conservation easement on a larger area of land than the required area pursuant to the applicable mitigation ratio and thereby generate a mitigation credit equal to the excess net acreage encumbered with the easement.
(B) Any excess area encumbered with the agricultural conservation easement shall comply fully with all requirements of this article.
(C) The administrative fee paid by an applicant choosing to create mitigation credits shall include the acreage covered by the mitigation credits. The applicant may pass that fee through to a later purchaser of the credits.
(D) Mitigation credits created under this subsection may be used to satisfy the mitigation obligation created by this article only after the board of supervisors has made the findings required by subsection (b)(3) of this section with respect to the land proposed for conversion and the mitigation land covered by the mitigation credits.
(E) The director of resource management shall maintain a ledger indicating the amount of credits created under this article, the holder of those credits, the administrative fees paid by the creator of the credits attributable to the mitigation land covered by the credits, and any subsequent transactions involving those credits.
(F) The county shall make available to any applicant who requests it the ledger of mitigation credits provided for in subsection (b)(6)(E) of this section. The county shall have no further responsibility for facilitating any private transaction involving mitigation credits.
(G) The board of supervisors may designate another approved qualifying entity to implement the credit program as set forth in this subsection.
(c) In-Lieu Fees. In-lieu fees shall be subject to the following provisions:
(1) The board of supervisors shall establish the amount of in-lieu fees on a case-by-case basis unless it has previously adopted the resolution provided for in subsection (c)(5) of this section.
(2) Any in-lieu fee shall include each of the following components:
(A) The appraised fair market value of acquiring an agricultural conservation easement on the land being converted, multiplied by the applicable mitigation ratio set forth in Section 2.2-330. The value of the agricultural conservation easement shall be determined by an independent real property appraiser with experience valuing conservation easements for the California Department of Conservation Sustainable Agricultural Lands Conservation Program (SALC) or a similar program. The appraisal shall be completed within ninety (90) days from consideration by the appropriate authority. The appraisal shall be considered by the agricultural commissioner, who may recommend that the applicant obtain a second appraisal and return to the agricultural commissioner for consideration of the second appraisal.
(B) The applicant’s pro rata share of Solano County’s administrative costs in implementing the in-lieu fee program.
(C) All transaction costs associated with acquisition of the agricultural conservation easement.
(D) An amount sufficient to endow the cost of monitoring, administering, and enforcing the agricultural conservation easement in perpetuity, if applicable.
(E) A reasonable amount to cover additional contingencies.
(3) Resolution. As an alternative to case-by-case establishment of in-lieu fees, the board of supervisors may adopt a resolution establishing a generally applicable per acre in-lieu fee to be applied in all cases in which an applicant seeks to pay an in-lieu fee as mitigation. Such a generally applicable fee shall comply with the requirements of this section and shall include an annual adjustment for inflation.
(4) The in-lieu fees shall be paid to the county, and the applicant shall provide evidence of the payment of the in-lieu fees to the director of resource management.
(5) Use of In-Lieu Fees.
(A) The county shall ensure that in-lieu fees are held in a separate account.
(B) In-lieu fees shall be expended for the sole purpose of mitigating the loss of farmland by acquiring and managing agricultural conservation easements that meet the criteria in this article and funding the cost of implementing the in-lieu fee program.
(C) The county may either expend the in-lieu fees directly or remit the fees to another qualifying entity for the purpose of acquiring and managing agricultural conservation easements.
(d) Alternative Mitigation.
(1) The applicant may propose alternative mitigation measures that fulfill the purpose of the agricultural mitigation program and demonstrate that they will protect, preserve, or benefit farmland and the agricultural industry in the county. Alternative mitigation is wholly optional and made available solely for the applicant’s convenience. Under no circumstances shall the county require any applicant to implement any such alternative mitigation.
(2) Alternative mitigation must fulfill the purpose of this article, as specified in Section 2.2-300, and demonstrate that they will protect, preserve, or benefit farmland and the agricultural industry in the county.
(3) The total dollar value of the alternative mitigation project must be equal to or valued more than the appraised fair market value of acquiring an agricultural conservation easement on the land being converted, multiplied by the applicable mitigation ratio set forth in Section 2.2-330. The applicant shall provide documentation substantiating the total dollar value of the alternative mitigation project. The value of the agricultural conservation easement shall be determined by an independent real property appraiser with experience valuing conservation easements for the California Department of Conservation Sustainable Agricultural Lands Conservation Program (SALC) or a similar program. The appraisal shall be completed within ninety (90) days from consideration by the appropriate authority. The appraisal shall be considered by the agricultural commissioner, who may recommend that the applicant obtain a second appraisal and return to the agricultural commissioner for consideration of the second appraisal.
(4) The county agricultural commissioner shall consider and make a recommendation to the board of supervisors regarding any proposed alternative mitigation.
(5) Alternative mitigation is subject to review and approval by the board of supervisors.
(6) The applicant shall bear all the costs of the county or a third party reviewing, approving, managing, and enforcing the alternative mitigation.
(Ord. No. 1858, §1)
2.2-360 Farmland mitigation plan
(a) When an applicant submits an application to the county that triggers mitigation under this article, the applicant shall concurrently submit a farmland mitigation plan. The farmland mitigation plan shall contain the following information and documentation in sufficient detail, as specified in this section:
(1) Map and calculate the applicable project acreage of the following: prime farmland and farmland of statewide importance, unique farmland, and farmland of local importance, and grazing land; and
(2) The proposed mitigation method to mitigate the conversion of agricultural land in accordance with this program.
(b) Before the application is heard by the appropriate authority, the applicant shall submit an updated farmland mitigation plan that shall contain the following information and documentation in sufficient detail:
(1) The qualifying entity that will hold the mitigation land or administer the in-lieu fees, if applicable;
(2) The acreage that would be preserved through mitigation or the amount of in-lieu fees that would be paid;
(3) The location of the mitigation land, if applicable; and
(4) The proposed agricultural conservation easement, if applicable.
(Ord. No. 1858, §1)
2.2-370 Approval and completion
(a) All mitigation proposed by an applicant to comply with the agricultural mitigation program shall be reviewed by the planning commission for consistency with the terms and purposes of this article. The planning commission shall recommend approval, conditional approval, or disapproval to the board of supervisors. The planning commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements of this article.
(b) The board of supervisors shall consider the planning commission’s recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation.
(c) The county shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this article unless the board of supervisors has previously approved proposed mitigation in compliance with this article. Issuance of such permit or approval shall be conditioned on the applicant’s completion of mitigation in compliance with subsection (d) of this section.
(d) Completion of Mitigation.
(1) The applicant for conversion must complete all required mitigation prior to the earliest of:
(A) Filing of any parcel map or final subdivision map, or
(B) Issuance of any building, grading, or encroachment permit.
(2) Mitigation shall be deemed complete by the director of resource management when the approved agricultural conservation easement has been recorded and the applicant has paid the required administrative fee. For in-lieu fees, mitigation shall be deemed complete by the director of resource management upon full payment. However, if the applicant elects to seek approval of an alternative mitigation option, mitigation shall be deemed complete when the director of resource management provides the applicant with a letter indicating that mitigation is complete.
(Ord. No. 1858, §1)
2.2-380 Requirements for qualifying entities
(a) To be considered a qualifying entity, an entity must:
(1) Be a nonprofit benefit corporation that is qualified to hold conservation easements under Section 815.3 of the Civil Code and in compliance with the requirements of Section 65965 et seq. of the Government Code, and
(2) Be approved by the board of supervisors for the purpose of holding and managing agricultural conservation easements.
(b) Approval Criteria. In considering whether to approve an entity as a qualifying entity, the board of supervisors may consider the following criteria:
(1) Whether the entity’s principal purpose includes holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;
(2) Whether the entity has an established record of holding and administering easements for the purposes of conserving and maintaining lands in agricultural production;
(3) The extent and duration of the entity’s involvement in agricultural land conservation with Solano County;
(4) Whether the entity has been accredited by the Land Trust Accreditation Commission; and
(5) Whether the entity is a member in good standing of an established and widely recognized California statewide association of land trusts.
(c) No qualifying entity shall sell, lease, hypothecate, or encumber any interest in any mitigation land without the prior approval of the board of supervisors.
(d) Expenditures of Fees. A qualifying entity shall use fees provided by Solano County solely for purposes of acquiring, administering, monitoring, and enforcing agricultural conservation easements acquired pursuant to this article.
(e) Termination of Qualifying Entity. If a qualifying entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to Solano County or another qualifying entity with the approval of the board of supervisors.
(f) Monitoring and Enforcement. The qualifying entity shall monitor the use of all mitigation land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.
(g) Reporting. On or before December 31st of each year after a qualifying entity is approved by the board of supervisors, the entity shall provide to the director of resource management a single annual report describing the activities undertaken by the entity under this article. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by Solano County.
(Ord. No. 1858, §1)
Code reviser’s note: Ord. 1816 §3 provides: “The Interim Ordinance of the County of Solano Extending a Temporary Moratorium on the Cultivation of Processing of Industrial Hemp within the Unincorporated Areas of the County of Solano adopted by the Solano County Board of Supervisors on October 27, 2020 shall terminate concurrently with the effective date of this Ordinance, as set forth in Section 6 below.”