AG EXEMPT BARN LIGHTING |
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| This is a subsection of a web site cataloging the many problems we have had obtaining building permits in the County of San Luis Obispo. Here is the main page. This page was last updated 8/3/2025. |
| The County of San Luis Obispo Code Section 19.02.020 (f)(1)(s) allows for the construction of buildings to be used for agricultural purposes without obtaining a full permit. |
| The code provides the following language: |
| s. AG-EXEMPT STRUCTURE—Agricultural accessory buildings that meet all of the following criteria: 1. AGRICULTURAL, BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. |
| Continuing: 15. Building may only have lighting and electrical wiring to the extent necessary to house farm implements, equipment, hay, grain, poultry, livestock, or horticultural products installed with a separate permit. |
| To be allowed to build such a structure farmers need to fill out an application and stipulate to the limitations of usage. |
Our client filled out this application and initialed all of the boxes including the one that stipulates: 15. Building may only have lighting and electrical wiring to the extent necessary to house farm |
| The designer of the barn specified 12 low-wattage light fixtures around the inside of the barn. This design is to cast even lighting of the interior of the barn that would not have any areas shaded by the high stacks of large tubs that are used to transport grapes during harvest. This is to provide safe working conditions during harvest when crews are working night and day, are tired and moving heavy equipment in and out of the barn. |
| We (Miller Solar) applied for a permit for the solar electric system. The general contractor submitted an application for the minimal electrical system to power lighting and a few receptacles. |
| The building department rejected the application for electrical stating the ordinance only allows for two lights. From an e-mail Cheryl Journey (the titular Building Official) sent to Blake Fixler (the Fifth District Supervisorial Legislative assistant at the time) on 7/10/22024: "The above interpretation has been to only allow for 2-3 outlets and one or two lights in an Ag Exempt barn. This is only to be used for storage of equipment and/or materials, not for any processing or employment. Mr. Miller is stating that he needs to have the lights to move the farm equipment after hours. Most farm equipment is equipped with lighting if he is working after hours, the lighting would be to bring the equipment in and out of the barn only." |
Furthermore the plan correction notice for the electrical wiring states: "Redesign the PV Permit size to accommodate the loads of the reduced electrical..." |
We replied, trying to explain that not all tractors are modern and have lighting, that tractors that are parked and not running don't have any lights on, that the equipment the client uses is heavy, awkward and provides many trip hazards. We further pointed out that Cheryl Journey had not presented any credentials describing training or experience in farm operations and was therefore not qualified to determine how many lights are needed for a given farming operation. We also pointed out that we are unaware that anyone in the building department is certified or has any experience in PV design and should not be dictating the outcome of that process. |
| The point here is the language of the applicable ordinance does not say "one or two lights". Yet Ms. Journey was adamant the she knew best. This is another case of the San Luis Obispo County Building Department inventing their own interpretation of the law not supported by the language of the applicable ordinance. |
| We went back and forth like this for several months, bringing into the discussion Trevor Keith (Director of Planning and Building), Jon Ansolabehere (SLO County Counsel liaison to the building department), Blake Fixler (District 5 Legislative Assistant), the General Contractor and the design consultant. Eventually Ms. Journey realized the letter of the ordinance did not support her interpretation and the permits were issued. |
| Ms. Journey was determined to have the last word and insisted the client sign a statement attesting to the point they already attested to: that the light would not shine on any non-ag uses. |
| This process wasted a lot of time for many people: The client, the general contractor, the design firm, Blake Fixler, Jon Ansolabehere, Trevor Keith, Matt Varvel, Sylvia Aldana, and myself, William Miller... all for nothing. |