Article 816-6.6 — Protected Trees

No person shall trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree on private property within the county without a tree permit, except as provided for in Section 816-4.1002.

(Ords. 94-59, 94-22).

A protected tree is any one of the following:

(1)

On all properties within the unincorporated area of the county:

(A)

Where the tree to be cut down, destroyed or trimmed by topping is adjacent to or part of a riparian, foothill woodland or oak savanna area, or part of a stand of four or more trees, measures twenty inches or larger in circumference (approximately 6.5 inches in diameter) as measured four and one-half feet from ground level,

and is included in the following list of indigenous trees: Acer macrophyllum (Bigleaf Maple), Acer negundo (Box Elder), Aesculus califonica (California Buckeye), Alnus Rhombifolia (White Alder), Arbutus menziesii (Madrone), Heteromeles arbutifolia (Toyon), Juglans Hindsii (California Black Walnut), Juniperus californica (California Juniper), Lithocarpus densiflora (Tanoak or Tanbark Oak), Pinus attenuata (Knobcone Pine), Pinus sabiniana (Digger Pine), Platanus Racemosa (California Sycamore), Populus fremontii (Fremont Cottonwood), Populus trichocarpa (Black Cottonwood), Quercus agrifolia (California or Coast Live Oak), Quercus chrysolepis (Canyon Live Oak), Quercus douglasii (Blue Oak), Quercus kelloggii (California Black Oak), Quercus lobata (Valley Oak), Quercus wislizenii (Interior Live Oak), Salix lasiandra (Yellow Willow), Salix laevigata (Red Willow), Salix lasiolepis (Arroyo Willow), Sambucus callicarpa (Coast Red Elderberry), Sequoia sempervirens (Coast Redwood), Umbellularia californica (California Bay or Laurel);

(B)

Any tree shown to be preserved on an approved tentative map, development or site plan or required to be retained as a condition of approval;

(C)

Any tree required to be planted as a replacement for an unlawfully removed tree.

(2)

On any of the properties specified in subsection (3) of this section:

(A)

Any tree measuring twenty inches or larger in circumference (approximately six and one-half inches diameter), measured four and one-half feet from ground level including the oak trees listed above;

(B)

Any multistemmed tree with the sum of the circumferences measuring forty inches or larger, measured four and one-half feet from ground level;

(C)

And any significant grouping of trees, including groves of four or more trees.

(3)

Specified properties referred to in subsection (2) of this section includes:

(A)

Any developed property within any commercial, professional office or industrial district;

(B)

Any undeveloped property within any district;

(C)

Any area designated on the general plan for recreational purposes or open space;

(D)

Any area designated in the county general plan open space element as visually significant riparian or ridge line vegetation and where the tree is adjacent to or part of a riparian, foothill woodland or oak savanna area.

(Ords. 94-59, 94-22).

Article 816-6.8. Applications

Any person proposing to trench, grade or fill within the dripline of any protected tree or cut down, destroy, trim by topping or remove any protected tree shall apply to the department for a tree permit, not less than ten days prior to the proposed tree removal or tree alterations.

Persons who would be eligible to apply for three or more individual tree permits under provisions of this chapter may apply for a collective tree permit for the site.

(Ords. 94-59, 94-22).

In addition to any other applicable requirements of this code and county ordinances, the application shall include the following information and items:

(1)

The number, size (including height and diameter measured four and one-half feet above ground), species, location, dripline and condition of each tree proposed to be altered or removed;

(2)

The reason(s) for alteration or removal;

(3)

A plot plan showing the approximate location of all trees on the site, including those proposed to remain;

(4)

Proposed method of tree alteration or removal;

(5)

Information indicating the effect of tree alteration or removal on soil stability and erosion if located on a steep slope or near any creek;

(6)

The signature of the property owner or if the permit is requested by someone other than the owner, a written authorization from the owner;

(7)

Photographs of the tree/s to be affected by grading or trenching, topping or removal;

(8)

A list and set of stamped envelopes addressed to adjacent property owners and other individuals and organizations as may otherwise be indicated by the director of community development. Such envelopes, with no return address, shall be required for notification of the tentative decision to grant a tree permit;

(9)

Additional information as may be required by the county upon review of the above information;

(10)

Application and permit fees.

(Ords. 94-59, 94-22).

Prior to making a decision, the director or the director's designee shall review the application using the criteria and factors specified in this article. Application review may include a site visit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 94-59, 94-22).

If the reasons for alteration or removal relate to the health of the tree or if grading, trenching or filling is proposed under the dripline of an existing tree, or the review is of a collective tree permit and the director determines that more technical expertise is necessary to make the decision, a report prepared by an arborist may be required, to be paid for by the applicant.

(Ords. 94-59, 94-22).

In granting or denying the tree permit the following factors shall be considered:

(1)

General.

(A)

The proximity and number of other trees in the vicinity;

(B)

The relationship of the subject property to general plan open space or open space plans and policies.

(2)

For Approval.

(A)

The arborist report indicates that the tree is in poor health and cannot be saved;

(B)

The tree is a public nuisance and is causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc.);

(C)

The tree is in danger of falling and cannot be saved by some other means (such as pruning);

(D)

The tree is damaging existing private improvements on the lot such as a building foundation, walls, patios, decks, roofs, retaining walls, etc.;

(E)

The tree is a species known to be highly combustible and is determined to be a fire hazard;

(F)

The proposed tree species or the form of the tree does not merit saving (i.e., a tree stunted in growth, poorly formed, etc.);

(G)

Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another area of the lot;

(H)

The tree is a species known to develop weaknesses that affect the health of the tree or the safety of people and property. These species characteristics include but are not limited to short lived, weak wooded and subject to limb breakage, shallow rooted and subject to toppling.

(I)

Where the arborist or forester report has been required, and the director is satisfied that the issuance of a permit will not negatively affect the sustainability of the resource.

(3)

For Denial.

(A)

The applicant seeks permission for the alteration or removal of a healthy tree that can be avoided by reasonable redesign of the site plan prior to project approval (for nondiscretionary permits);

(B)

It is reasonably likely that alteration or removal of the tree will cause problems with drainage, erosion control, land stability, windscreen, visual screening, and/or privacy and said problems cannot be mitigated as part of the proposed removal of the tree;

(C)

The tree to be removed is a member of a group of trees in which each tree is dependent upon the others for survival;

(D)

The value of the tree to the neighborhood in terms of visual effect, wind screening, privacy and neighboring vegetation is greater than the hardship to the owner;

(E)

If the permit involves trenching or grading and there are other reasonable alternatives including an alternate route, use of retaining walls, use of pier and grade beam foundations and/or relocating site improvements;

(F)

Any other reasonable and relevant factors specified by the director.

(Ords. 94-59, 94-22).

The director shall grant or deny tree permits in accordance with this chapter and code. If a permit is granted, the director may attach conditions to insure compliance with this chapter and code. These conditions may include a requirement to replace any or all trees on a comparable ratio of either size or quantity. Single tree permits shall be valid for a period of ninety days and may be renewed for additional periods by the director upon request by the applicant. Collective tree permits shall be valid for a period of time to be determined by the director based upon individual circumstances.

If a permit is denied, the director shall state the reason for denial. Notice of decision shall be mailed to the applicant.

(Ords. 94-59, 94-22).

Any person may appeal the director's decision within ten calendar days of the director's decision to the planning commission having jurisdiction in accordance with Chapter 26-2. Further appeals may be made as provided by Chapter 26-2. Appeals shall be made in writing and state the specific reasons why the decision does not meet the criteria and factors for granting or denial of a permit as stated in this chapter.

(Ords. 94-59, 94-22).

Article 816-6.10. Permit Exceptions

A tree permit is not required for the following situations:

(1)

Hazardous Situation. Any tree whose condition creates a hazardous situation which requires immediate action as determined by the director, building inspector, sheriff, involved fire district or a utility company to protect its facilities. During off-hours, when officials described above are unavailable, the hazardous situation may be corrected and a report of the incident and description of the hazard shall be submitted to the director within ten days of the incident.

(2)

Prior Approval. Any tree whose removal was specifically approved as a part of an approved development plan, subdivision, other discretionary project or a building permit.

(3)

Routine pruning not involving topping or tree removal.

(4)

Commercial plantings. Planting, removal and harvesting in connection with Christmas tree farms, orchards and nurseries.

(5)

Rangeland Management. Normal activities associated with range management and the disposition of wood incidental to rangeland management on agriculturally zoned properties (with each parcel containing at least twenty acres but also including properties in adjacent common ownership interest of at least twenty acres), will not require a tree permit. "Rangeland management activities" are defined as including, but not limited to, the clearing and thinning of trees for purposes of reducing fire risk or enhancement of forage production, removing obstruction to stormwater runoff flow, maintaining adequate clearance on range roads and fire trails, fencing maintenance and protecting equipment and constructions.

(6)

Public Agencies/Utilities. Trimming and clearing within public agency or utility easements and rights-of-way for maintenance of easement or right-of-way will not require a tree permit. Lands owned by public utilities and used for administrative purposes or uses unrelated to the public service provided by the utility are not exempted under this provision.

(Ords. 94-59, 94-22).

(a)

On any property proposed for development approval, tree alterations or removal shall be considered as a part of the project application.

(b)

All trees proposed to be removed, altered or otherwise affected by development construction shall be clearly indicated on all grading, site and development plans. Except where the director otherwise provides, a tree survey shall be submitted as a part of the project application indicating the number, size, species and location of the dripline of all trees on the property. This survey shall be overlaid on the proposed grading and development plans. The plan shall include a tabulation of all trees proposed for removal.

(c)

The granting or denial of a tree removal program which is a part of a development proposal covered by this section shall be subject to Sections 816-6.8008 and 816-6.8014. A separate tree removal permit shall not be required.

(Ords. 94-59, 94-22).

Article 816-6.12. Tree Protection

Except where otherwise provided by the involved development's conditions of approval or approved permit application, on all properties where trees are required to be saved during the course of development, the developer shall follow the following tree preservation standards:

(1)

Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on a site with trees to be preserved, the applicant shall install fencing at the dripline or other area as determined by an arborist report of all trees adjacent to or in the area to be altered. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by appropriate county staff.

(2)

No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline unless indicated on the grading plans approved by the county and addressed in any required report prepared by an arborist. If grading or construction is approved within the dripline, an arborist may be required to be present during grading operations. The arborist shall have the authority to require protective measures to protect the roots. Upon completion of grading and construction, an involved arborist shall prepare a report outlining further methods required for tree protection if any are required. All arborist expense shall be borne by the developer and applicant unless otherwise provided by the development's conditions of approval.

(3)

No parking or storing vehicles, equipment, machinery or construction materials, construction trailers and no dumping of oils or chemicals shall be permitted within the dripline of any tree to be saved.

(Ords. 94-59, 94-22).

Prior to the issuance of any grading or building permit for a property where trees are required by this chapter to be saved, the owner or developer shall deposit cash or other acceptable security with the department on a per tree basis in the amount established by the involved development's conditions of approval or approved applications.

As required, the county may hold the deposit for a two-year period to guarantee the health of the trees for a two-year period upon completion of construction. In addition, the applicant or developer may be required to enter into a tree maintenance agreement secured by said deposit/bond by which they agree to maintain said trees in a living and viable condition throughout the term of the agreement. This agreement may be transferred to any new owner of the property for the remaining length of the agreement.

(Ords. 94-59, 94-22).

816-6.1206 - Construction tree damage.

A development's property owner or developer shall notify the department of any damage that occurs to any tree during the construction process. The owner or developer shall repair any damage as determined by an arborist designated by the director.

Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species as approved by the director to be reasonably appropriate for the particular situation.

(Ords. 94-59, 94-22).

Violations of this chapter are punishable and may be corrected in any manner provided by this code or as otherwise allowed by law. Each tree damaged or removed in violation of this chapter shall constitute a separate offense.

(Ords. 94-59, 94-22).

Division 818 - COMMUNITY FACILITY FEES Chapter 818-2 - FIRE PROTECTION FACILITIES

Article 818-2.2. General

818-2.202 - Purpose and intent.

The purpose of this chapter is to provide a method for financing fire protection facilities required by the goals and policies of the general plan and necessitated by the needs of new construction and development for adequate fire protection facilities and services. Failure to provide these facilities and services would place residents of the completed construction and service area in a condition perilous to their health and safety.

(Ords. 90-35, 86-49).

818-2.204 - General plan.

The fire protection plan part of the community facilities element of the county's general plan provides for the location of fire station and facilities. Fees collected pursuant to this chapter shall be used for fire protection facilities consistent with the general plan.

(Ords. 90-35, 86-49).

818-2.206 - Regulations.

The board may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter.

(Ords. 90-35, 86-49).

Article 818-2.4. Definitions

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this article for the purposes of this chapter.

(Ords. 90-35, 86-49).

818-2.404 - Fire district.

"Fire district" means a district in this county organized under the Fire Protection District Law of 1967.

(Ords. 90-35, 86-49).

"Fire protection facilities" means fire stations (including furnishing and fixtures), sites, appurtenant equipment (including vehicles), and appropriate share of central facilities (administration, dispatch, repair shop, and training) which are designed, developed and used to provide the full spectrum of fire protection services to a given service area.

(Ords. 90-35, 86-49).

818-2.408 - Floor space.

"Floor space" means "floor area" as the latter term is defined in Section 407 of the Uniform Building Code as adopted by Division 74 of this code.

(Ords. 90-35, 86-49).

818-2.410 - New construction.

(a)

Residential. "New construction," when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot.

(b)

Nonresidential. "New construction," when applied to the construction or installation of nonresidential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot.

(Ords. 90-35, 86-49).

A service area's fire protection facilities are "overextended," when determined not to be adequate by the involved fire district and the board of supervisors, following review and acceptance of a district-prepared

report on fire facility needs which considers factors including current and needed fire protection and station facilities, response time, present and expected population growth and density, geographical conditions, water supply, and implementation of the fire protection plan part of the community facilities element of the county's general plan.

(Ords. 90-35, 86-49).

The "service area" for given fire protection facilities is that geographical area within a fire district, including both incorporated and unincorporated territory, within which the fire protection facilities are located and to which the fire protection facilities are the primary provider of fire protection services. The precise boundaries of a given service area shall be finally determined by the board of supervisors and may include an entire district.

(Ords. 90-35, 86-49).

Article 818-2.6. Fees

Within the unincorporated portion of any. service area for which existing fire protection facilities are overextended, a fire protection facilities fee computed pursuant to this chapter shall be paid as a condition precedent to the issuance of any building permit for new construction.

(Ords. 90-35, 86-49).

With respect to residential buildings or mobilehomes constructed or installed within a development where the development was approved subject to the condition that the developer pay fire protection facilities fees (which have been paid to the involved district), a credit shall be given against Section 8 18-2.602's fee on account of such paid fees.

(Ords. 90-35, 86-49).

All fire protection facilities fees collected pursuant to this chapter shall be deposited in a restricted account within the county treasury. All moneys deposited in such account together with any interest earned thereon, shall be used only for the purposes of acquiring or improving fire protection facilities serving the service area, or portions thereof, from which the fees were collected.

(Ords. 90-35, 86-49).

In addition to the fire protection facilities fee imposed by Section 818-2.602, an administration fee shall also be paid as a condition precedent to the issuance of any building permit for new construction. The administration fee shall be in an amount equal to the estimated average cost, as determined by the board

of supervisors from time to time, of processing such permit in accordance with the provisions of this chapter.

(Ord. 90-35, 86-49).

(a)

Error. Any fee erroneously collected under color of this chapter shall be refunded without interest to the payor if, within one hundred eighty calendar days after the date on which such fee was deposited in the county treasury, the payor files a written application therefor with the director of building inspection and provides proof of such error satisfactory to the director of building inspection.

(b)

Permit Termination. Any fire protection facilities fee collected pursuant to Section 818-2.602 shall be refunded without interest to the payor if the building permit to which it relates is cancelled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the director of building inspection within one hundred eighty calendar days after such cancellation or expiration.

(Ords. 90-35, 86-49).

Where an involved fire district and the developer of proposed new construction have entered a written secured agreement for the developer's provision of fire protection facilities, the planning agency may accept that agreement as satisfying this chapter and in lieu of the fees required by Section 8 18-2.602. Before accepting such an agreement, the planning agency shall be satisfied that the agreement is enforceable and provides for facilities consistent with this chapter's requirements.

(Ord. 90-35, 86-49).

Article 818-2.8. Fire Districts' Findings

Pursuant to this chapter, the board of directors, commissioners or fire chief of a fire district may make findings supported by documentation that fire protection facilities within a service area or areas are overextended. Upon making these findings, the fire district must provide the county with a notice of findings' report.

(Ords. 90-35, 86-49).

Any notice of findings' report sent by a fire district to the county shall specify:

(1)

Description. A legal description and map of the geographic boundaries of the proposed service area or areas.

(2)

Findings. The findings of Section 818- 2.802 and supporting documentation which considers factors, including current and needed fire protection and fire station facilities to mitigate the overextended area's facilities, response time, present and expected population growth and density, geographical conditions, water supply, staffing levels, support facilities impact, building construction type, incident type and frequency, and implementation of the fire protection plan part of the community facilities element of the general plan.

(3)

Costs. Estimates of the total cost of additional fire protection facilities needed to mitigate the overextended area's facilities and the portion of that total cost proposed to be allocated to, and collected from, new residential and nonresidential construction. These estimates and allocations shall have accompanying documentation showing generally how they were established.

(4)

Fees. A schedule of proposed fees for each type of new construction.

(5)

General Plan. I-low fire protection facilities proposed to be constructed or acquired by fees collected in the service area or areas will be consistent with and implement the general plan.

(Ords. 90-35, 86-49).

The involved district fire chief shall, at least fourteen days prior to any scheduled board of supervisors' public meeting on a notice of findings' report, file with the clerk of the board data indicating the proposed fees, the cost or estimated cost of providing the fire protection facilities in the service area and anticipated revenue sources. This data may be contained in the filed notice of findings' report.

(Ords. 90-35, 8649. Gov. Code § 65962).

Article 818-2.10. Review by Board of Supervisors

After the receipt of any notice of findings' report complying with the requirements of Section 818-2.804, the board shall determine whether it concurs with the fire district. Before concurring and taking action pursuant to this article, the board shall schedule and hold a public meeting on the report.

(Ords. 90-35, 8649).

The clerk of the board shall at least fourteen days prior to the public meeting:

(1)

Cause notice of the meeting to be published one time in a newspaper of general circulation.

(2)

Mail notice of the public meeting to any interested party who has filed a written request for mailed notice with the clerk of the board.

(Ords. 90-35, 8649: Gov. Code §§ 554986(a) & 54992(a)).

At the scheduled meeting, the board shall consider the report. data filed, and any oral or written presentations that may be made. The board may then concur with the report and then adopt, revise or reduce the proposed fees. The board, by ordinance, shall determine the existence of overextended fire facilities, designation of specific service area(s). the amount of fees for each type of new construction, and establishment of an administrative fee amount. On and after the effective date of the ordinance codified in this division. these fees shall be collected in the specified service area(s) pursuant to Section 818-2.602.

(Ord. 90-35, 86-49 Gov. Code § 65962).

Division 820 - RIGHT TO FARM Chapter 820-2 - GENERAL

This division shall be known and may be cited as the Right To Farm Ordinance.

(Ord. 97-38 § 2).

(1)

It is the declared policy of this county to enhance and encourage agricultural operations within the county. It is the further intent of this county to provide to its residents proper notification of the county's recognition and support, through this division, of the right to farm. (County General Plan, Section 8-7).

(2)

Where non-agricultural land uses extend into agricultural areas or exist side by side, agricultural operations frequently can be the subjects of nuisance complaints. As a result, agricultural operators may be forced to cease or curtail their operations. Such actions discourage investments in farm improvements, to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this division to prevent the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance.

(3)

An additional purpose of the ordinance codified in this division is to promote a good-neighbor policy by requiring notification of purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residential use. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

(4)

The ordinance codified in this division is intended to carry out and advance the county's agricultural resources goals, policies, and implementation measures as set forth in the conservation element of the county general plan.

(Ord. 97-38 § 2).

As used in this division, unless the context otherwise requires, the following words and phrases shall have the meanings given in this section:

(1)

"Agricultural land" means all that real property within the unincorporated area of the county currently used for agricultural operations, zoned for agricultural use, designated for agricultural purposes by the county general plan, or upon which agricultural operations may in the future be established, including publiclyowned land designated for park, recreation, open space, watershed, or other public purposes.

(2)

"Agricultural operation" means and includes the present and future application and use of agricultural technology (including the application of agricultural chemicals) for, but not limited to, the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur-bearing animals, fish or poultry; and any commercial agricultural practices performed incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

(3)

"Agricultural processing operation" means and includes the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and shall include processing for wholesale or retail markets of agricultural products.

(4)

"Continuous operation" means at least thirty days of agricultural processing operations per year.

(5)

"Proper and accepted customs and standards" means compliance with all applicable state and federal statutes and regulations governing agricultural operations or agricultural processing operations with respect to the condition or effect alleged to be a nuisance.

(Ord. 97-38 § 2).

This division is not to be construed as in any way modifying, invalidating, or abridging federal law or regulation, or state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of federal or state law relative to nuisances; instead, it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations.

(Ord. 97-38 § 2).

Chapter 820-4 - NUISANCE

In accordance with the provisions of Civil Code Section 3482.5(b), no present or future agricultural operation, conducted or maintained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all provisions of this code, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to Section 3479 et seq. of the California Civil Code, due to any changed conditions in or about the locality, after it has been in operation for more than three years, if it was not a nuisance when it began.

(Ord. 97-38 § 2).

Section 820-4.002 shall not apply if the agricultural operation obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

(Ord. 97-38 § 2).

In accordance with the provisions of Civil Code Section 3482.6(a), and subject to the other provisions of that section, no agricultural processing operation, conducted or maintained on agricultural land for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all provisions of this code, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to Section 3479 et seq. of the California

Civil Code, due to any changed conditions in or about the locality, after it has been in continuous operation for more than three years, if it was not a nuisance when it began.

(Ord. 97-38 § 2).

Chapter 820-6 - DISCLOSURE

(1)

The community development department shall cause to be published a one-eighth-page advertisement in one or more newspapers of general circulation in the unincorporated area of the county, which advertisement shall include the disclosure statement in subsection (2).

(2)

Disclosure Statement. "The County of Contra Costa declares its policy to protect and encourage agricultural operations as defined in the County's "Right To Farm Ordinance" (Division 820 of the County Ordinance Code). Contra Costa County has adopted a Right To Farm ordinance. If your property is located in the unincorporated area of the county, near an agricultural operation or an agricultural processing operation, including such operations located on publicly-owned land designated for park, recreation, open space, watershed, or other public purposes, you may at times be subject to inconvenience or discomfort arising from those operations, including noise, odors, fumes, dust, the operation of machinery (including aircraft) during any time of day or night, the storage and disposal of manure, and the ground or aerial application of fertilizers, soil amendments, seed, herbicides, and pesticides. These similar inconveniences will not be considered a nuisance if they are conducted according to proper and accepted customs and standards. The Right To Farm Ordinance also establishes a grievance procedure to help resolve any disputes between agricultural operators and their neighbors. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department, at 651 Pine Street, 4th Floor, North Wing, Martinez, California, 94553."

(3)

The disclosure statement set forth in subsection (2) is given for informational purposes only, and nothing in this division or in the disclosure statement shall prevent any person from complaining to any appropriate agency, or taking any other available remedy, concerning any unlawful or improper agricultural practice.

(Ord. 97-38 § 2).

Upon the issuance of a discretionary development entitlement, including, but not limited to, tentative subdivision maps, parcel maps, and land use permits, for use on, adjacent to, or near agricultural land, the entitlement may include a condition that the owner(s) of the property shall be required to sign a statement of acknowledgment containing the disclosure set forth in Section 820-6.002, on a form provided by the community development department.

(Ord. 97-38 § 2).

(1)

In accordance with the provisions of Section 1102 et seq. of the California Civil Code, upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative improved with one to four dwelling units, the transferor shall deliver to the prospective transferee the disclosure statement set forth in subsection (4).

(2)

Exceptions to the application of this section are set forth in Civil Code Section 1102.1.

(3)

The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10.

(4)

Disclosure Statement.

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE

UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS _____

(Address and APN)

DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH COUNTY ORDINANCE CODE DIVISION 820 AS OF November _____, 1997. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I

SELLERS INFORMATION

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF CONTRA COSTA, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

The County of Contra Costa permits and supports operation of properly-conducted agricultural operations and agricultural processing operations, as defined in the County's Right To Farm Ordinance (Division 820 of the County Ordinance Code), within the unincorporated area of the county. If the property you are purchasing is located in the unincorporated area of the county, near agricultural lands or operations, or included within an area zoned or designated by the County General Plan for agricultural purposes, including such operations located on publicly-owned land designated for park, recreation, open space, watershed, or other public purposes, you may be subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include, but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, solid amendments, seed, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation or agricultural processing operation that is in conformance with existing laws and regulations and with proper and accepted customs and standards. Contra Costa County has determined that the use of real property for agricultural operations and agricultural processing operations is a high priority and favored use, and will not consider to be a nuisance those inconveniences or discomforts arising from such operations, provided such operations are established as set forth in the Right To Farm Ordinance and consistent with proper and accepted customs and standards.

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 an active agricultural sector. Contra Costa County has established a grievance procedure to help resolve any disputes which might arise between agricultural operators and their neighbors. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department, at 651 Pine Street, 4th Floor, North Wing, Martinez, California, 94553.

Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

II

BUYER INFORMATION

BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Present Assessor's Parcel Number: - -

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(Ord. 97-38 § 2).

820-6.008 - Refusal to sign disclosure statement.

If a transferee refuses to sign the disclosure statement set forth in Section 820-6.006, the transferor may comply with the requirements of this chapter by delivering the statement to the transferee as provided in Section 820-6.006 and affixing and signing the following declaration to the statement:

I, (name) , have delivered a copy of the foregoing disclosure statement as required by law to (transferee's name) , who has refused to sign.

I declare the foregoing to be true.

Date:________ Signature:___________ Print Name: _____

(Ord. 97-38 § 2).

Chapter 820-8 - RESOLUTION OF DISPUTES

820-8.002 - Initial notification.

A party who believes in good faith that an agricultural operation or agricultural processing operation is causing inconvenience or discomfort to the party shall notify the operator in writing of such concerns. The

submission of said notification should be accompanied by personal discussions, if possible, to enable the claimant and the operator to attempt to reach a mutually agreeable reconciliation.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 97-38 § 2).

(1)

Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations or agricultural processing operations, which cannot be settled by direct notification, the parties involved may agree to submit the controversy to a grievance committee as set forth below, in an attempt to resolve the matter without filing any court action.

(2)

The grievance committee shall consist of five members selected from the community at large by the board of supervisors, and serving at the pleasure of the board, two of whom shall be engaged in the commercial practice of agriculture, two of whom shall have no financial interest in any agricultural property or operation, and the final member being the farm advisor of the University of California Cooperative Extension or designee. Members of the committee shall receive no compensation for carrying out these duties.

(3)

A majority of the members shall constitute a quorum of the grievance committee, and no decision shall be valid unless taken upon a majority vote of the members present. The county agricultural commissioner shall be the secretary, who shall call meetings as the need arises and shall maintain minutes of each meeting. The grievance committee may adopt rules of procedure governing the conduct of its meetings.

(4)

An aggrieved party may submit the controversy to the grievance committee, by written request, within thirty days after the initial notification.

(5)

Thereafter, the grievance committee may investigate the facts of the controversy, but must, within thirty days, hold a meeting to consider the merits of the matter and within twenty days of the meeting render a written decision to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts.

(6)

The decision of the grievance committee shall be advisory only.

(7)

The effectiveness of the grievance committee as a forum for resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any

misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.

(Ord. 97-38 § 2).

If any controversy is not resolved by the initial notification or grievance procedure to the satisfaction of either party, the parties may agree to enter into an arbitration agreement providing for an arbitration proceeding in accordance with Title 9 (commencing with Section 1280) of Part III of the Code of Civil Procedure.

(Ord. 97-38 § 2).

Chapter 820-10 - MISCELLANEOUS

This division shall take precedence over all provisions of this code, county ordinances or parts of ordinances, and board resolutions or parts of resolutions, in conflict herewith.

(Ord. 97-38 § 2).

Division 822 - AFFORDABLE HOUSING Chapter 822-2 - RESIDENTIAL DENSITY BONUS

Article 822-2.2. General

This chapter is known and may be cited as the residential density bonus ordinance.

(Ords. 2004-45 § 3, 2001-06 § 2).

The purposes of this chapter are to provide incentives for the production of housing for very low income, lower income, moderate income, or senior households; to facilitate the development of affordable housing; to implement the goals, objectives, and policies of the county general plan's housing element; and to establish procedures for complying with Government Code Section 65915.

(Ords. 2004-45 § 3, 2001-06 § 2).

As used in this chapter, the following terms have the following meanings:

(a)

"Affordable rent" means a rent, including a reasonable utility allowance as determined by the director, for rental target units that does not exceed the following calculations pursuant to Health and Safety Code Section 50053:

(1)

Very low income: fifty percent of the area median income (AMI) for Contra Costa County, adjusted for household size, multiplied by thirty percent and divided by twelve.

(2)

Lower income: sixty percent of the AMI for Contra Costa County, adjusted for household size, multiplied by thirty percent and divided by twelve.

(b)

"Affordable sales price" means a sales price at which lower, very low, or moderate income households can qualify for the purchase of target units, taking into account available financing, number of bedrooms and therefore, assumed household size, reasonable down payment, and affordable housing costs as defined in Health and Safety Code Section 50052.5. The affordable sales price for lower income households must not exceed a price affordable to households whose income is at or below seventy percent AMI. The affordable sales price for very low income households must not exceed a price affordable to households whose income is at or below fifty percent AMI. The affordable sales price for moderate income households must not exceed a price affordable to persons and families whose income is at or below one hundred ten percent AMI.

(c)

"Child care facility" has the meaning set forth in Government Code Section 65915(i)(4).

(d)

"Common interest development" has the meaning set forth in Civil Code Section 1351.

(e)

"Concession or incentive" has the meaning set forth in Government Code Section 65915(l).

(f)

"Density bonus" has the meaning set forth in Government Code Section 65915(g).

(g)

"Density bonus housing agreement" means a legally binding agreement between a developer and the county to ensure that the requirements of this chapter are satisfied and that establishes, among other things, the number, size, location, terms and conditions of affordability, and production schedule of target units.

(h)

"Density bonus units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise maximum residential density for the development site.

(i)

"Development standard" has the meaning set forth in Government Code Section 65915(o)(1).

(j)

"Director" means the community development director.

(k)

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, property taxes and assessments, fire and casualty insurance, and homeowner association fees.

(l)

"Housing development" means, pursuant to Government Code Section 65915(j), new construction, rehabilitation or conversion projects consisting of five or more residential units, including single-family, and multifamily homes for sale or rent.

(m)

"Lower income household" means a household whose income does not exceed the lower income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

(n)

"Maximum allowable residential density" means, pursuant to Government Code Section 65915(o)(2), the maximum number of residential units permitted by the county's general plan land use element and applicable zoning district at the time of application, apart from the provisions of this chapter.

(o)

"Moderate income household" means persons and families whose income does not exceed the moderate income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. The income limit for moderate income households in Contra Costa County is one hundred twenty percent of the area median income.

(p)

"Non-restricted unit" means any unit within a housing development that is not a target unit.

(q)

"Qualifying resident" means a senior citizen or other person eligible to reside in senior citizen housing as defined in Civil Code Section 51.3.

(r)

"Senior citizen housing development" has the meaning set forth in Civil Code Section 51.3.

(s)

"Target unit" means a dwelling unit within a housing development that is affordable to and will be reserved for sale or rent to very low income households, lower income households, moderate income households, or qualifying residents.

(t)

"Very low income household" means a household whose income does not exceed the very low income limits applicable to Contra Costa County adjusted for household size, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

(Ords. 2007-28 § 2, 2004-45 § 3, 2001-06 § 2).

If any provisions of this chapter are inconsistent with any provisions of Government Code Section 65915, then the provisions of Government Code Section 65915 shall prevail. All statutory references apply to the statute as now or hereafter amended.

(Ords. 2007-28 § 3).

Article 822-2.4. Density Bonuses

For any project where inclusionary units are required under Chapter 822-4, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than fifteen percent of the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to the maximum fifteen percent. A developer is not entitled to any incentives or concessions under Section 822-2.408, except for incentives that may otherwise be granted pursuant to subsection (c) of Section 822-4.418.

(Ords. 2007-28 § 4, 2004-45 § 3, 2001-06 § 2).

(a)

If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required by Chapter 822-4, a developer may request a density bonus under this section and

may request incentives or concessions pursuant to Section 822-2.408.

(b)

A project for which a density bonus is eligible under this section must meet at least one of the following criteria:

(1)

Ten percent of the total units of a housing development must be reserved for lower income households.

(2)

Five percent of the total units of a housing development must be reserved for very low income households.

(3)

The housing development must be a senior citizen housing development, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5.

(4)

Ten percent of the total dwelling units in a common interest development must be reserved for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.

The percentages specified above exclude any inclusionary units, exclude any density bonus awarded under this section, and exclude any density bonus awarded under Section 822-2.402.

(c)

The county will grant a requested density bonus to a developer who agrees to construct a housing development that meets at least one of the criteria specified in subsection (b). The density bonus to which an applicant is entitled under this section will be calculated in accordance with Government Code Section 65915(g), unless an applicant elects to accept a lesser percentage of density bonus. For purposes of calculating the amount of the density bonus under this section, the applicant who requests a density bonus must elect whether the bonus will be awarded on the basis of subparagraph (1), (2), (3), or (4) of subsection (b) of this section.

(Ords. 2007-28 § 5, 2004-45 § 3, 2001-06 § 2).

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land as provided for in Government Code Section 65915(h), the applicant shall be entitled to a density bonus in accordance with Government Code Section 65915(h).

(Ords. 2007-28 § 6, 2004-45 § 3, 2001-06 § 2).

The incentives or concessions to which an applicant is entitled shall be determined in accordance with Government Code Section 65915(d)(2).

(Ords. 2007-28 § 7, 2004-45 § 3, 2001-06 § 2).

(a)

Low-income and very-low-income target units shall remain restricted and affordable to the designated group for thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, in accordance with Government Code Section 65915(c)(1).

(b)

The moderate-income units that are directly related to the receipt of the density bonus in a common interest development shall comply with the requirements of Government Code Section 65915(c)(2).

(Ords. 2007-28 § 8, 2004-45 § 3, 2001-06 § 2).

In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assumptions shall be used, unless the housing development is subject to different conditions imposed by other governmental regulations:

(Ords. 2004-45 § 3, 2001-06 § 2).

(a)

When an applicant proposes to construct a housing development and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the county shall grant either of the following:

(1)

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility;

(2)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

(b)

The county will require, as a condition of approving the development with a child care facility, that the following occur:

(1)

The child care facility shall remain in operation for a period of time that is as long as or longer than the longest period of time during which the density bonus units are required to remain affordable pursuant to Section 822-2.410.

(2)

Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 822-2.402.

(Ords. 2004-45 § 3, 2001-06 § 2).

Article 822-2.6. Review

(a)

An applicant may submit a written proposal for the specific concessions or incentives that the applicant requests. The county will grant the concession or incentive requested by the applicant unless the county makes a written finding pursuant to Government Code Section 65915(d).

(b)

If existing development or zoning standards, including, but not limited to, such items as minimum lot size, side yard setbacks, and placement of public works improvements, would otherwise inhibit the utilization of a density bonus on a specific site, an applicant may submit a written proposal for the waiver or reduction of those standards. A written proposal under this subsection must show that the waiver or modification is necessary to make the housing development economically feasible as provided in subsections (e) and (f) of Government Code Section 65915. For purposes of this chapter, any waiver or modification to the requirements of the involved zoning district shall not be considered a variance. The county is not required to waive or reduce development standards if, pursuant to Government Code Section 65915(e), the waiver

or reduction would have a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2).

(a)

An application made pursuant to this chapter is considered to be a component of a housing development application and will be processed pursuant to Section 26-2 of this code.

(b)

A housing development application that contains a request for concessions or incentives must include the specific concessions or incentives requested.

(c)

A housing development application that contains a request for the waiver or reduction of existing development or zoning standards must include the specific standards requested to be waived or reduced.

(d)

Appeals from a decision to deny a written proposal for concessions or incentives, or from a decision to

deny a written proposal for the waiver or reduction of existing development or zoning standards, are governed by Article 26-2.24 of this code. A decision by the county to deny a requested density bonus, incentive, or concession, or a decision by the county to deny a requested waiver or reduction of existing development or zoning standards, may be appealed under Article 26-2.24 separately from an appeal on a housing development application. Judicial review of a final decision to deny a requested density bonus, incentive, or concession may be had in accordance with Government Code Section 65915(d)(3). Judicial review of a final decision to deny a requested waiver or reduction of existing development or zoning standards may be had in accordance with Government Code Section 65915(e).

(Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2).

822-2.606 - Preliminary application.

(a)

An applicant proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. A preliminary application should include the following information:

(1)

A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed.

(2)

The zoning and general plan designations and assessors parcel number(s) of the project site.

(3)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, preliminary elevations, driveway and parking layout.

(b)

Applicants are encouraged to schedule a pre-application meeting with the director to discuss and identify potential application issues, including prospective concessions or incentives, or prospective waivers or reductions of existing development and zoning standards.

(Ords. 2007-28 § 9, 2004-45 § 3, 2001-06 § 2).

Article 822-2.8. Development Standards

Target units must be constructed concurrently with nonrestricted units unless the county and developer agree within the density bonus housing agreement to an alternative schedule for development.

(Ords. 2004-45 § 3, 2001-06 § 2).

The first target unit shall be made available for occupancy not later than the time at which the first nontargeted dwelling unit of the housing development is available for occupancy.

(Ords. 2004-45 § 3, 2001-06 § 2).

Except as provided in Section 822-2.808, target units shall be built on-site and dispersed throughout the housing development wherever feasible. In addition, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nontarget units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development.

(Ords. 2004-45 § 3, 2001-06 § 2).

Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be constructed and operated at an alternative development site. In appropriate cases, the developer and the county may enter into a written agreement to permit target units to be constructed and operated at a designated alternative development site. The resulting developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, when the target units are to be provided on the alternative site, the developer is subject to the same requirements of this chapter.

(Ords. 2004-45 § 3, 2001-06 § 2).

Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this chapter.

(Ords. 2004-45 § 3, 2001-06 § 2).

Article 822-2.10. Density Bonus Housing Agreement

822-2.1002 - Execution of agreement.

(a)

Applicants or developers requesting a density bonus shall sign a density bonus housing agreement. The agreement shall be in a form provided by the director. The director shall submit the proposed agreement to the board of supervisors for approval on behalf of the county.

(b)

Following execution of the agreement, the completed density bonus housing agreement will be recorded. The conditions from the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units. The approval and recordation shall take place before final map approval, or, where a map is not being processed, before the issuance of building permits for parcels with target units. The density bonus housing agreement shall be binding on all future owners and successors in interest and shall so provide in its terms.

(Ords. 2004-45 § 3, 2001-06 § 2).

A density bonus housing agreement shall be made a condition of approval for all housing development projects that receive a density bonus.

(Ords. 2004-45 § 3, 2001-06 § 2).

The density bonus housing agreement shall include the following information:

(a)

The total number of units approved for the housing development, including the number of target units.

(b)

A description of the affordability and occupancy restrictions for the target units (i.e., very low-income households, lower-income households, moderate income households, or qualifying residents), including the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

(c)

The location, unit sizes (in square feet), and number of bedrooms of all units in the development, including the target units.

(d)

Term of use restrictions specified in Section 822-2.410.

(e)

A schedule of completion and occupancy of all units in the development, including the target units.

(f)

A description of all concessions or incentives.

(g)

If applicable, tenure of use restrictions and attendance restrictions for child care facilities, in accordance with Section 822-2.414(b).

(h)

A description of remedies for breach of the agreement by either party.

(i)

Other provisions to ensure implementation and compliance with this chapter.

(Ords. 2007-28 § 10, 2004-45 § 3, 2001-06 § 2).

In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following terms governing the initial sale and use of target units during the applicable tenure of use restriction period:

(a)

Target units shall, upon initial sale, be sold at an affordable sales price and housing cost to eligible very low income households, lower income households, moderate income households, or qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter.

(b)

Target units shall be owner-occupied initially by eligible very low or lower income households, or by moderate income households in the case of common interest developments, or by qualified residents in the case of senior citizen housing.

(c)

The initial purchaser of each target unit shall execute an instrument or agreement in the form of a deed restriction approved by the director restricting the sale of the target unit in accordance with the provisions of this chapter during the applicable tenure of use restriction period. This deed restriction shall be recorded against the parcel containing the target unit and shall contain those provisions that the director may require to ensure continued compliance with this chapter and statutory requirements and to put subsequent purchasers on notice of the conditions and terms during the applicable use restriction period.

(d)

In the case of common interest developments, the density bonus housing agreement shall include an equity-sharing agreement that complies with Government Code Section 65915(c)(2).

(Ords. 2007-28 § 11, 2004-45 § 3, 2001-06 § 2).

In the case of rental housing developments, the density bonus housing agreement shall include the following terms and conditions governing the use of target units during the use restriction period:

(a)

The methodology and procedures for qualifying tenants as very low income households, lower income households, moderate income households, or qualified resident households; for establishing affordable rent; for filling vacancies; and for maintaining target units for qualified tenants.

(b)

Provisions requiring owners of the rental housing developments to verify tenant incomes and rents, and maintain books and records in a form approved by the director, to demonstrate compliance with this chapter.

(c)

Provisions requiring owners of the rental housing developments to submit an annual report to the director. The report must include the name, address, household size, and income of each person occupying target units identify the number of bedrooms and monthly rent or cost (including utility allowance) of each target unit. Tenants in rental housing developments shall provide consent to the owners to allow these disclosures.

(Ords. 2004-45 § 3, 2001-06 § 2).

Chapter 822-4 - INCLUSIONARY HOUSING

Article 822-4.2. General

This chapter is known and may be cited as the Contra Costa County inclusionary housing ordinance.

(Ord. 2006-43 § 2).

The purpose of this chapter is to facilitate the development and availability of housing affordable to a broad range of households with varying income levels within the county. It is intended in part to implement state policy declaring that local governments have a responsibility to exercise their powers to facilitate the development of housing necessary to adequately provide for the housing needs of all economic segments of the community. The goal of this chapter is to ensure that affordable housing units are added to the county's housing stock in proportion to the increase in new housing units in the county, in accordance with Goal 3 of the housing element of the county general plan.

(Ord. 2006-43 § 2).

For purposes of this chapter, the following terms have the following meanings:

(a)

"Affordable rent" means a rent, including a reasonable utility allowance as determined by the conservation and development director or designee, for a rental inclusionary unit that does not exceed the following calculations pursuant to Health and Safety Code Section 50053:

(1)

For extremely low income households, the product of thirty percent times thirty percent of the area median income adjusted for family size appropriate for the unit.

(2)

For very low income households, the product of thirty percent times fifty percent of the area median income adjusted for family size appropriate for the unit.

(3)

For lower income households with gross incomes that exceed the maximum income for very low income households, the product of thirty percent times sixty percent of the area median income adjusted for family size appropriate for the unit.

(4)

For moderate income households, the product of thirty percent times one hundred ten percent of the area median income adjusted for family size appropriate for the unit.

(b)

"Affordable sales price" means a sales price at which very low, lower, or moderate income households can afford to purchase an inclusionary unit. An affordable sales price is determined using the housing affordability calculator published annually by the state department of housing and community development.

An affordable sales price includes a reasonable down payment and results in an affordable housing cost, as described in California Code of Regulations, Title 25, Section 6920, that does not exceed the following calculations pursuant to Health and Safety Code Section 50052.5:

(1)

For extremely low income households, the product of thirty percent times thirty percent of the area median income adjusted for family size appropriate for the unit.

(2)

For very low income households, the product of thirty percent times fifty percent of the area median income adjusted for family size appropriate for the unit.

(3)

For lower income households with gross incomes that exceed the maximum income for very low income households, the product of thirty percent times seventy percent of the area median income adjusted for family size appropriate for the unit.

(4)

For moderate income households, the product of thirty-five percent times one hundred ten percent of the area median income adjusted for family size appropriate for the unit.

(c)

"Area median income" means the median gross yearly income, adjusted for household size, for households in Contra Costa County as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50093(c).

(d)

"Assumed household size" means a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.

(e)

"Developer" means any person or combination of persons that seeks county approvals for all or part of a residential development.

(f)

"Dwelling unit" means a building of portion thereof that is designed, intended, or used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. For purposes of this chapter, "dwelling unit" does not include an accessory dwelling unit.

(g)

"Extremely low income household" means a household whose income does not exceed the extremely low income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50106.

(h)

"For-sale unit" means a single-family detached dwelling unit or a dwelling unit in a multifamily residential development that will be offered for sale, not for rent.

(i)

"Inclusionary housing agreement" means a legally binding agreement between a developer and the county setting forth the provisions necessary to ensure that the requirements of this chapter are satisfied.

(j)

"Inclusionary unit" means a rental unit that is required to be rented at an affordable rent or a for-sale unit that is required to be sold at an affordable sales price to the households specified in Section 822-4.402.

(k)

"Lower income household" means a household whose income does not exceed the lower income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50079.5.

(l)

"Market rate unit" means a dwelling unit whose sales price or rent is not restricted under this chapter.

(m)

"Moderate income household" means a household whose income does not exceed the moderate income limits applicable to Contra Costa County, adjusted for household size, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50093.

(n)

"Rental unit" means a single-family detached dwelling unit or a dwelling unit in a multifamily residential development that will be offered for rent, not for sale.

(o)

"Residential development" means any development project that includes the construction of one or more dwelling units, including, but not limited to, exclusively residential projects and mixed-use projects. "Residential development" also includes any condominium conversion pursuant to Division 926 of this code.

(p)

"Very low income household" means a household whose income does not exceed the very low income limits applicable to Contra Costa County adjusted for household size, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code Section 50105.

(Ord. No. 2022-07 § II, 2-1-22; Ord. 2006-43 § 2).

This chapter applies to all residential developments in the unincorporated area of the county, except those that are exempt under Section 822-4.408.

(Ord. 2006-43 § 2).

Article 822-4.4. Requirements

(a)

In a residential development of five through one hundred twenty-five rental units, at least fifteen percent of the rental units shall be developed and rented as inclusionary units under the terms and conditions of Section 822-4.410(a). At least twenty percent of the inclusionary units shall be rented at an affordable rent to very low income households, and the remaining inclusionary units shall be rented at an affordable rent to lower income households. As an alternative to providing some or all of the inclusionary units required by this subsection, an in-lieu fee may be paid pursuant to Section 822-4.404.

(b)

In a residential development of five through one hundred twenty-five for-sale units, at least fifteen percent of the for-sale units shall be developed and sold as inclusionary units under the terms and conditions of Section 822-4.410(b). At least twenty percent of the inclusionary units shall be sold at an affordable sales price to lower income households, and the remaining inclusionary units shall be sold at an affordable sales price to moderate income households. As an alternative to providing some or all of the inclusionary units required by this subsection, an in-lieu fee may be paid pursuant to Section 822-4.404.

(c)

In a residential development of one hundred twenty-six or more rental units, at least fifteen percent of the rental units shall be developed and rented as inclusionary units under the terms and conditions of Section 822-4.410(a). At least twenty percent of the inclusionary units shall be rented at an affordable rent to very low income households, and the remaining inclusionary units shall be rented at an affordable rent to lower income households.

(d)

In a residential development of one hundred twenty-six or more for-sale units, at least fifteen percent of the for-sale units shall be developed and sold as inclusionary units under the terms and conditions of Section 822-4.410(b). At least twenty percent of the inclusionary units shall be sold at an affordable sales price to lower income households, and the remaining inclusionary units shall be sold at an affordable sales price to moderate income households.

(e)

Affordable rents will be determined annually by the county. Affordable sales prices will be estimated annually by the county. The county will provide a developer with the exact affordable sales price at least ninety days before the developer markets the unit.

(f)

If the calculation of the required number of inclusionary units results in a fraction of a whole number, a partial in-lieu fee shall be paid in accordance with Section 822-4.404 for the fraction of the unit. The amount of the partial in-lieu fee shall be a percentage of the in-lieu fee for a single unit, with the percentage equal to the fraction of the whole number.

(g)

The calculation of the number of inclusionary units required by this chapter shall be made without including as part of the calculation any housing units authorized by a density bonus granted pursuant to this chapter or Chapter 822-2.

(Ord. 2006-43 § 2).

(a)

The amount of a fee that is paid in lieu of some or all inclusionary units will be established by the board of supervisors in the department of conservation and development's fee schedule.

(b)

Fee amounts in the fee schedule for for-sale units will be calculated as the difference between the affordable sales price for a targeted household and the median price, as determined by the county, of all single-family home sales in the county within the previous twelve months.

(c)

Fee amounts in the fee schedule for rental units will be calculated as the difference over a fifty-five-year period between the average annual rent, as determined by the county, of a two-bedroom, one-and-a-halfbathroom apartment in the county and the annual affordable rent for a targeted household.

(d)

Fee amounts in the fee schedule will be calculated annually.

(e)

All fee revenues will be deposited in a restricted fund earmarked to provide housing opportunities for extremely low, very low, lower, and moderate income households.

(f)

Funds will be appropriated for expenditures authorized by law that make housing units affordable to extremely low, very low, lower, and moderate income households and for costs associated with administering the restricted fund.

(g)

In-lieu fees are non-refundable and shall be paid before the first building permit is issued for any portion of the residential development.

(Ord. No. 2022-07 § III, 2-1-22; Ord. 2006-43 § 2).

A developer may submit a proposal for complying with this chapter by proposing one or more of the following compliance alternatives:

(a)

Off-Site Development. Some or all of the required inclusionary units may be constructed off-site, or an existing off-site development may be acquired and rehabilitated to provide some or all of the required inclusionary units, if the county determines that the combination of location, unit size, unit type, pricing, and timing of availability of the proposed off-site inclusionary units would provide equivalent or greater benefit than would result from providing those inclusionary units on-site, or if the county determines that on-site construction of those inclusionary units would be infeasible. Any off-site inclusionary units must be constructed or rehabilitated prior to or concurrently with construction of the on-site residential development. The off-site development location must be appropriately zoned and all required entitlements issued for the off-site development alternative before building permits are issued for the on-site residential development. The off-site development location should be within a reasonable geographic distance of the on-site residential development, such as within the same school district or identified community, unless otherwise directed by the board of supervisors.

(b)

Land Conveyance. The developer may convey title to land in fee simple absolute to an affordable housing developer if all of the following requirements have been met:

(1)

The affordable housing developer has been approved by the county.

(2)

The land is at a location in the county where the county permits residential use at a density that will result in the same or greater number of inclusionary units than would be produced by providing the units on-site.

(3)

The land is suitable for construction of inclusionary units in a manner that complies with this chapter. The land must be suitable from the perspective of size, configuration, physical characteristics, physical and environmental constraints, access, location, adjacent use, and other relevant planning criteria.

(4)

The land is served with the infrastructure necessary for residential development at that location, including sewer, utilities, water, streets and sidewalks.

(5)

The developer must submit a Phase I environmental report before the land can be considered for conveyance.

(c)

The county may accept any combination of on-site construction, off-site construction, in-lieu fees and land conveyance, or any other feasible alternative, that in the county's determination would provide equivalent or greater benefit than that which would result from providing on-site inclusionary units.

(d)

Two or more developers of separate residential developments required to comply with this chapter may propose to meet their combined then-existing obligations under this chapter by doing any of the following:

(1)

Providing the total number of inclusionary units required of all developers at one residential development;

(2)

Crediting inclusionary units in excess of the number required at one residential development toward the number of inclusionary units required at another residential development;

(3)

Jointly providing a combination of feasible alternatives consistent with subsection (c) of this section.

Two or more developers may proceed under this subsection only if the county determines the proposal would result in equivalent or greater benefit than the benefit resulting from providing on-site inclusionary units at separate residential developments. When two or more developers propose to proceed under this subsection, each developer must submit an inclusionary housing plan pursuant to Section 822-4.414 and enter into or amend an inclusionary housing agreement pursuant to Section 822-4.416.

(Ord. 2006-43 § 2).

822-4.408 - Exemptions.

(a)

The following residential developments are exempt from the requirements of this chapter:

(1)

Residential developments of one through four dwelling units.

(2)

The reconstruction of any dwelling units that were destroyed by fire, flood, earthquake, or other act of nature, provided the square footage, number of units, and use of the units remain the same and the use is resumed within six months of the interruption.

(3)

Residential developments that obtain one of the following before November 23, 2006:

(A)

A discretionary approval.

(B)

A building permit.

(4)

A community care facility as defined in Health and Safety Code Section 1502.

(5)

Residential developments that are exempt from the requirements of this chapter pursuant to State law, including, but not limited to, the following:

(A)

Residential developments that obtain a vesting tentative map before the effective date of the ordinance codified in this chapter, provided the vesting tentative map has not expired.

(B)

Residential developments where the application for a tentative map has been deemed complete by the county before the effective date of the ordinance codified in this chapter.

(b)

A residential development that is located in or proposed for a former county redevelopment area is exempt from the provisions of this chapter, if the development is subject to a successor agency disposition and

development agreement, owner participation agreement, acquisition agreement or other written agreement that requires affordable housing to be produced in the development, or if the development is subject to a condition of approval requiring affordable housing to be provided in the former county redevelopment area.

(Ord. No. 2022-07 § IV, 2-1-22; Ord. 2006-43 § 2).

(a)

Rental Inclusionary Unit Restriction. The monthly rent for a rental inclusionary unit shall remain reserved for the targeted households at the applicable affordable rent for a period of fifty-five years.

(b)

For-Sale Inclusionary Unit Restrictions.

(1)

The initial sale of a for-sale inclusionary unit shall occur only to a household that meets all of the following:

(A)

The household's annual income does not exceed the maximum income limits applicable to the targeted household for the inclusionary unit.

(B)

The household has not owned a residence within the previous three years.

(C)

The household has no more than two hundred fifty thousand dollars in assets. This amount excludes assets reserved for a down payment and closing costs, assets in retirement savings accounts, and assets in medical savings accounts.

(2)

The initial purchaser of a for-sale inclusionary unit must agree to occupy the dwelling unit as the principal residence for at least three years, unless an emergency requires the earlier sale of the unit.

(3)

A for-sale inclusionary unit may be sold after the initial sale to an above-moderate income purchaser and at a market price, provided that the sale results in a recapture by the county of a financial interest in the unit equal to the sum of:

(A)

The difference between the initial affordable sales price and the appraised market value of the unit at the time of the initial sale; and

(B)

The county's proportionate share of any appreciation since the time of the initial sale. Appreciation is the difference between the resale price to the above-moderate income purchaser and the appraised market value at the time of the initial sale. The county's proportionate share of appreciation is equal to the percentage by which the initial affordable sales price was less than the appraised market value at the time of the initial sale.

(4)

All recaptured amounts under subsection (3) will be deposited in a restricted fund established pursuant to Section 822-4.404.

(Ord. No. 2022-07 § V, 2-1-22; Ord. 2006-43 § 2).

(a)

Inclusionary units must be dispersed throughout the residential development and have access to all on-site amenities that are available to market rate units.

(b)

The construction quality and exterior design of inclusionary units must be comparable to the market rate units. However, an inclusionary unit may:

(1)

Be smaller in size by up to ten percent when compared to the average size of market rate units in the development that have the same number of bedrooms as the inclusionary unit.

(2)

Be developed on smaller lots of up to ten percent when compared to the average lot size of market rate units in the development that have the same number of bedrooms as the inclusionary unit.

(3)

Have alternative interior finishes that reduce interior construction costs by up to five percent when compared to the average interior construction cost of market rate units in the development that have the same number of bedrooms as the inclusionary unit.

(c)

The average number of bedrooms for all inclusionary units must be equivalent to the average number of bedrooms for market rate units within the same residential development.

(d)

All inclusionary units must be constructed and occupied prior to or concurrently with the market rate units within the same residential development. For phased residential developments, the inclusionary units may be constructed and occupied in proportion to the number of dwelling units in each phase of the project.

(Ord. No. 2022-07, § VI, 2-1-22; Ord. 2006-43 § 2).

(a)

Concurrently with a developer's first application for a discretionary approval for a residential development, the developer shall submit to the Department of Conservation and Development an inclusionary housing plan for review.

(b)

An inclusionary housing plan must include all of the following information:

(1)

A brief description of the residential development, including the number of market rate units and inclusionary units proposed, and the basis for the calculation of the number of units.

(2)

The unit mix, location, structure type, and size (including number of bedrooms) of the market rate and inclusionary units. A site plan depicting the location of the inclusionary units must be provided.

(3)

The targeted household income levels of the inclusionary units.

(4)

For a phased project, a phasing plan that provides for the timely development of the inclusionary units as the residential development is built out.

(5)

Any proposed density bonus and a description of any incentives requested of the county.

(6)

If the developer intends to satisfy the inclusionary unit requirement by payment of an in-lieu fee, a statement to that effect, and a calculation of the total in-lieu fee payment required.

(7)

If an alternative compliance method is proposed, information sufficient to allow the county to determine either that on-site construction of inclusionary units is infeasible or that an alternative method of

compliance could provide equivalent or greater benefit than would result from providing those inclusionary units on-site.

(c)

The department of conservation and development will accept as complete or reject as incomplete the inclusionary housing plan within thirty days of receiving the proposed inclusionary housing plan.

(d)

An application for a discretionary approval of the residential development will not be deemed complete for processing until after the inclusionary housing plan has been accepted as complete. Preliminary approval of the inclusionary housing plan is required prior to any discretionary approval of the residential development.

(e)

The conservation and development director will approve the inclusionary housing plan if the plan complies with the requirements of this chapter. If the director denies the inclusionary housing plan, the director will notify the developer in writing of the reasons for denial. Approval of the inclusionary housing plan is required prior to any discretionary approval of the residential development.

(Ord. No. 2022-07 § VII, 2-1-22; Ord. 2006-43 § 2).

822-4.416 - Inclusionary housing agreements.

(a)

All developers whose projects are not exempt under Section 822-4.408 shall enter into an inclusionary housing agreement with the county, except where the requirements of this chapter are satisfied by payment of an in-lieu fee. The agreement must be in a form provided by the department of conservation and development.

(b)

All inclusionary housing agreements will include, at a minimum, the following information:

(1)

The number of for-sale units and rental units.

(2)

The number, size, location, and square footage of inclusionary units.

(3)

Provisions for determining the market value and sales price or rental price of the inclusionary units.

(4)

Incentives, if any.

(5)

Provisions and documents for enforcing the restrictions established by Section 822-4.410, including deed restrictions in a form acceptable to the county.

(6)

Provisions for determining income eligibility and monitoring the ongoing affordability of inclusionary units.

(7)

Provisions for enforcing the construction and occupancy standards specified in Section 822-4.412(d). These provisions may include withholding approval of permits for any structure or property located within the residential development.

(8)

If an alternative compliance method has been proposed, provisions for implementation and enforcement of that method, consistent with Section 822-4.406.

(9)

Provisions requiring annual compliance reporting to the department of conservation and development during the term of the inclusionary housing agreement.

(c)

The inclusionary housing agreement must be executed before the approval of the final map or the issuance of the first building permit for any portion of the residential development, whichever occurs first. Following execution, the agreement will be recorded as a covenant running with the land against the real property of the residential development.

(Ord. No. 2022-07 § VIII, 2-1-22; Ord. 2006-43 § 2).

(a)

For any project where inclusionary units are required by this chapter, a developer may request a density bonus for providing the required inclusionary units. The developer may request a density bonus in an amount equal to or less than fifteen percent of the total units in the development, including the inclusionary units provided in the development. A developer who requests a density bonus for providing inclusionary units is entitled to a density bonus in the requested amount, up to the maximum fifteen percent. A developer is not entitled to any incentives or concessions under Chapter 822-2, except for incentives that may otherwise be granted pursuant to subsection (c) of this section.

(b)

If a project includes moderate income, lower income, very low income, or senior housing units at levels beyond those required by this chapter, a developer may request a density bonus under Section 822-2.404 and may request incentives or concessions under Section 822-2.408. If requested under this subsection, the density bonus to which a developer is entitled will be calculated in accordance with subsection (d) of Section 822-2.404.

(c)

The county may grant one or more of the following affordable housing development incentives in order to mitigate the financial impact of this chapter's requirements on a particular residential development:

(1)

Fee deferrals or waivers.

(2)

Provision of housing set-aside funds, tax exempt financing, or other financial assistance.

(3)

Modification of zoning or development standards.

(Ords. 2007-28 § 12, 2006-43 § 2).

822-4.420 - Compliance monitoring fee.

(a)

The county may establish a compliance monitoring fee to recover the county's reasonable costs incurred for ongoing implementation of this chapter. The fee will be an amount established by the board of supervisors in the community development department's fee schedule.

(b)

For for-sale inclusionary units, the fee shall be payable by the developer at the time of the first sale. For rental inclusionary units, the property owner shall pay an annual fee each year during the term of the applicable inclusionary housing agreement.

(Ord. 2006-43 § 2).

The county may adjust or waive the requirements of this chapter if the applicant for approval of a residential development demonstrates the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee charged or the inclusionary requirement, thereby effecting a taking of private property without just compensation or otherwise constituting a violation of the United States Constitution, California Constitution, or other applicable federal or state laws. Any person requesting a waiver or adjustment must submit a written request not later than fifteen days before the first public hearing on any discretionary approval for the residential development, accompanied by economic

information and other evidence necessary for the county to make a determination regarding the request. If no discretionary approval is required or the action complained of occurs after the first public hearing on such approval, then the request shall be filed within ten days after the challenged action. Authority to act on a request for a waiver or adjustment rests with the board of supervisors.

(Ord. 2006-43 § 2).

Division 824 - Agritourism Chapter 824-2 - GENERAL AGRITOURISM REGULATIONS

The purpose of this division is to establish zoning regulations to allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses that are located at a working farm, ranch, or other agricultural operation; are accessory to a primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or clients; and generate income for the owner or operator of the working farm, ranch, or other agricultural operation.

(Ord. No. 2024-06, § 2, 3-5-24)

For purposes of this division, the following words and phrases have the following meanings:

(a)

"Agricamping establishment" means an establishment that provides food and lodging in accordance with this division.

(b)

"Agritourism lodging establishment" means a residence in an agricultural zoning district that is used as a bed and breakfast establishment or a farm stay establishment.

(c)

"Agritourism use" means any of the following uses located in an agricultural zoning district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.

(d)

"Bed and breakfast establishment" means an establishment that provides food and lodging in accordance with this division.

(e)

"Farm dinner" means an occasion where food is provided in accordance with this division.

(f)

"Farm market" means an area accessory to an on-site agricultural operation that is used to sell farm products, value-added farm products, and non-agricultural items, as specified, where the total sales area does not exceed three thousand five hundred square feet.

(g)

"Farm product" includes any of the following in its raw or natural state: any agricultural, horticultural, viticultural, or vegetable product of the soil; poultry products; livestock products; and apiary products. "Farm product" does not include any livestock, poultry, fish, or shellfish.

(h)

"Farm stand" means an area accessory to an on-site agricultural operation that is used primarily to sell farm products, value-added farm products, and non-agricultural items, as specified, where the total sales area does not exceed one thousand five hundred square feet.

(i)

"Farm stay establishment" means an establishment that provides food and lodging in accordance with this division.

(j)

"Farm-to-table restaurant" means a restaurant that provides food in accordance with this division.

(k)

"Grower stand" means an area accessory to an on-site agricultural operation that is used to sell farm products produced on-site or proximate to the site, as specified, where the total sales area does not exceed one thousand five hundred square feet.

(l)

"Non-agricultural item" means any item offered for sale other than farm products and value-added farm products.

(m)

"Olive oil mill" means an operation for the processing of olives into olive oil. An olive oil mill may be a small olive oil mill or a large olive oil mill.

(n)

"Olive oil production facility" means a facility or facilities at an olive oil mill used for any of the following activities or uses: harvesting, milling, pressing, and crushing fresh olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution of olive oil; equipment storage and repair; composting and removal of olive pomace and other agricultural product waste, and agricultural wastewater treatment. A tasting area or onsite sales area at an olive oil mill is not part of the olive oil production facility at the olive oil mill.

(o)

"Responsible party" means a person that is designated by the applicant as a point of contact for the agritourism use.

(p)

"Value-added farm product" means a farm product that has been changed from its natural state to an item in a different form through canning, drying, freezing, preserving, fermenting, compounding, processing, packing, or a similar alteration, so as to increase the value of the farm product.

(q)

"Wine production facility" means a facility or facilities at a winery used for any of the following activities or uses: crushing or pressing grapes; fermenting wine; aging wine; processing and blending of wine; bottling and labeling of wine; storage of wine in cellars, vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping, receiving, and distribution of wine; truck scales; equipment storage and repair; composting of grape byproducts and other agricultural product waste, and agricultural wastewater treatment. A tasting area or on-site sales area at a winery is not part of the wine production facility at the winery.

(r)

"Winery" means an operation for the fermentation and processing of grapes into wine, or the refermentation of still wine into sparkling wine. A winery may be a small winery or a large winery.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

An agritourism use that complies with the provisions of this division may be located on any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).

(b)

Multiple agritourism uses may be permitted on the same lot, except as follows:

(1)

A farm stay establishment and a bed and breakfast establishment may not be permitted on the same lot.

(2)

A farm dinner and a farm-to-table restaurant may not be permitted on the same lot.

(3)

A farm market and a farm stand may not be permitted on the same lot.

(4)

A farm market and a grower stand may not be permitted on the same lot.

(5)

A farm stand and a grower stand may not be permitted on the same lot.

(6)

A small olive oil mill and a large olive oil mill may not be permitted on the same lot.

(7)

A small winery and a large winery may not be permitted on the same lot.

(Ord. No. 2024-06, § 2, 3-5-24)

An agritourism use is allowed only if it is an accessory use on a property that is used for agriculture, as defined in Section 82-4.206. If property is located in an agricultural zoning district but the property is not used for agriculture, then no agritourism use is allowed on the property.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

Adequate parking for consumers and employees must be provided at an agritourism use. If an agritourism use consists of a structure, one off-street parking space must be provided for each three hundred square feet of structural floor area, with a minimum of two parking spaces. Each required off-street parking space must be at least nine feet by nineteen feet in size. The required parking spaces may be dirt or gravel. The required parking spaces need not be paved, striped, or otherwise improved, but must be identifiable. Parking spaces must be oriented such that vehicles are not required to back onto a public road.

(b)

Safe access to and from a public road must be provided with a durable, dustless surface, such as compacted gravel or a similar permeable surface, or asphalt, except that within twenty feet of a public road all access surfaces must be asphalt. A defined point of ingress and egress must be provided. An encroachment permit must be obtained for a new point of access to a public road.

(c)

The parking requirements of Chapter 82-16 do not apply to this division.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

One or more on-site commercial signs are allowed on a lot with an agritourism use. An "on-site commercial sign" is a sign that directs attention to the business activity conducted or products sold or produced on the lot where the agritourism use is located.

(b)

The following on-site commercial signs may be located on a lot with an agritourism use:

(1)

One free-standing on-site commercial sign that does not exceed twelve feet in height or the height of the tallest structure, whichever is lower, and whose total display surface area does not exceed thirty-two square feet if the sign is single-sided or sixty-four square feet if the sign is double-sided.

(2)

Additional on-site commercial signs that are affixed directly to any structure with an indoor sales area.

(3)

One or more additional free-standing on-site commercial signs. No additional free-standing sign shall exceed twelve feet in height or have a display surface area greater than sixteen square feet.

(c)

The total display surface area of all on-site commercial signs on a lot with an agritourism use shall not exceed 128 square feet.

(d)

An on-site commercial sign may not encroach on any public right-of-way and may not conflict with any applicable sight distance.

(e)

An on-site commercial sign may not be illuminated unless expressly authorized by a land use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The land use permit may include conditions as to the time, intensity, direction, and quality of illumination to mitigate any negative impacts of illumination.

(f)

All signs and sign structures shall be maintained in a safe and structurally sound manner free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly painted at all times.

(g)

A temporary on-site commercial sign must be removed when not in use.

(h)

An on-site commercial sign or signs authorized by this division may contain noncommercial copy in lieu of other copy. Nothing in this division may be construed as regulating or restricting the use of noncommercial copy or message on any sign allowed under this section.

(i)

If an agritourism use is lawfully established under the provisions of this division, on-site commercial signs that meet the requirements of this section are allowed without a separate permit.

(j)

Off-site commercial signs are prohibited on a lot with an agritourism use. An "off-site commercial sign" is an advertising sign that directs attention to a business activity conducted or product or services sold or offered at a location not on the lot where the agritourism use is located.

(Ord. No. 2024-06, § 2, 3-5-24)

An agritourism use must comply with the height and setback requirements that apply in the zone in which the property is located.

(Ord. No. 2024-06, § 2, 3-5-24)

824-2.016 - Events.

Except as otherwise provided in this division, the requirements of Chapter 82-44, Temporary Events, apply to uses authorized under this division.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

No permit. No permit is required under this division for a grower stand that meets the standards contained in this division.

(b)

Ministerial permit.

(1)

Unless a land use permit is otherwise required by subsection (c), below, a ministerial permit is required before any of the following uses may be established under this division: farm stand; farm stay; farm dinner; small winery without a tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales area.

(2)

An application for a ministerial permit must be made in writing and contain sufficient information to allow the Department of Conservation and Development to determine if the agritourism use will meet the standards in this division.

(3)

An application for a ministerial permit will be approved without discretionary review or public hearing unless any of the following grounds for denial exist:

(A)

The application is incomplete.

(B)

The applicant has not paid all required fees in accordance with the fee schedule adopted by the Board of Supervisors.

(C)

The applicant is delinquent in the payment of County taxes.

(D)

A separate agritourism use permit associated with the location or the applicant was revoked within twentyfour months before the date of application.

(E)

A structure proposed for an agritourism use violates any provision of this code, including the building standards in Title 7.

(4)

After a ministerial permit for farm stay or farm dinner is issued, the department will notify all owners of property within three hundred feet of the farm stay or farm dinner that a permit was issued. The notice will be in writing and contain the location of the farm stay or farm dinner, contact information for the responsible party associated with the permit, contact information for county code enforcement, and a website address where the agritourism ordinance is listed.

(5)

A ministerial permit for farm stay or farm dinner expires one year from the date the permit was approved, unless it is revoked sooner.

(6)

An application to renew a ministerial permit for farm stay or farm dinner must be filed with the Department of Conservation and Development at least thirty days before the permit expires.

(7)

An application to renew a ministerial permit for farm stays or farm dinners will be approved ministerially unless any of the following grounds for denial exist:

(A)

Any of the grounds for denial under subsection (3) exist.

(B)

The application is filed less than thirty days before the permit expires.

(C)

The permit is revoked or is the subject of a revocation proceeding at the time of application.

(8)

A short-term rental proposed for an agricultural zoning district must comply with the permit requirements of Chapter 88-32.

(c)

Land use permit.

(1)

A land use permit is required before three or more of the following uses may be established on a lot under this division: farm stand; farm stay; farm dinner; small winery without a tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales area.

(2)

A land use permit is required before any of the following uses may be established under this division: agricamping; bed and breakfast; farm market; farm-to table- restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on- site sales area; or small winery with a tasting/on-site sales area.

(3)

An application to establish a land use permit under this division must contain all of the information required by Article 26-2.20 of this code.

(4)

An application for a land use permit under this division will be decided in accordance with Article 26-2.20 of this code.

(Ord. No. 2024-06, § 2, 3-5-24)

Application, review, and permit fees for agritourism uses will be in amounts established by the Board of Supervisors in the Conservation and Development Department's fee schedule.

(Ord. No. 2024-06, § 2, 3-5-24)

Agritourism uses also may be subject to ordinances, statutes and regulations administered by other county departments, including the building department, health department, public works department, and agricultural commissioner's office, and may be subject to state and federal laws and regulations. The establishment of an agritourism use under this division does not relieve anyone from the obligation to obtain any other permit or license required by this code or state or federal law. Nothing in this division authorizes the establishment of a microenterprise home kitchen operation.

(Ord. No. 2024-06, § 2, 3-5-24)

Chapter 824-4 - GROWER STANDS, FARM STANDS, AND FARM MARKETS

The purpose of this chapter is to establish zoning regulations to allow for the direct marketing of farm products from agricultural producers to consumers, which the California Legislature has found benefits the agricultural community and the consumer. (Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow facilities that are accessory to on-site agricultural operations where agricultural products are produced to sell these products as specified, and is not intended to encourage the establishment of traditional retail stores or convenience markets in agricultural zoning districts.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

A grower stand, farm stand, or farm market may consist of one or more outdoor sales display areas, one or more structures with an indoor sales area, or both.

(b)

The total sales area of a grower stand or farm stand, including all outdoor and indoor sales areas, may not exceed one thousand five hundred square feet.

(c)

The total sales area of a farm market, including all outdoor and indoor sales areas, may not exceed three thousand five hundred square feet.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

Grower Stands.

(1)

A grower stand may sell farm products produced on-site or proximate to the site. Vending machines that dispense bottled or canned drinks may also be located at a grower stand.

(2)

The sale at a grower stand of any of the following is prohibited: value-added farm products; nonagricultural items, except for bottled or canned drinks dispensed from vending machines; and farm products not produced on-site or proximate to the site.

(b)

Farm Stands.

(1)

A farm stand may sell farm products produced on-site or proximate to the site.

(2)

Up to forty percent of the total sales area at a farm stand may be used for the sale of any or all of the following: value-added farm products produced on-site or proximate to the site; farm products not produced on-site or proximate to the site; and non-agricultural items. No more than ten percent of the total sales area of a farm stand may be used for the sale of either or both of the following: non- agricultural items and farm products not produced on-site or proximate to the site.

(c)

Farm Markets.

(1)

A farm market may sell farm products produced on-site or proximate to the site and value-added farm products produced on-site or proximate to the site.

(2)

Up to twenty percent of the total sales area at a farm market may be used for the sale of either or both of the following: non-agricultural items and farm products not produced on-site or proximate to the site.

(d)

No petroleum products or tobacco may be sold or dispensed at any grower stand, farm stand, or farm market.

(e)

Except as otherwise provided in this division, nothing may be sold from a motorized vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by the property owner and all sales from the vehicle are in compliance with this chapter.

(Ord. No. 2024-06, § 2, 3-5-24)

Chapter 824-6 - WINERIES AND OLIVE OIL MILLS

(a)

Production Facilities. The cumulative maximum floor area of all wine production facilities at a winery or all olive oil production facilities at an olive oil mill is five thousand square feet.

(b)

Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and on-site sales areas at a winery or olive oil mill is thirty percent of the total floor area of all wine production facilities at the winery or olive oil production facilities at the olive oil mill.

(Ord. No. 2024-06, § 2, 3-5-24)

824-6.004 - Production standards.

(a)

Production Capacity.

(1)

Wineries. A small winery may produce no more than fifty thousand gallons of wine annually. A large winery may produce more than fifty thousand gallons of wine annually.

(2)

Olive Oil Mills. A small olive oil mill may produce no more than fifty thousand gallons of olive oil annually. A large olive oil mill may produce more than fifty thousand gallons of olive oil annually.

(b)

Production Ingredients.

(1)

A minimum of twenty-five percent of a winery's production or an olive oil mill's production must be from fruit grown on the premises.

(2)

A minimum of fifty percent of a winery's production or an olive oil mill's production must be from fruit grown in Contra Costa County.

(3)

The owner of a winery or olive oil mill must maintain records showing the total annual production amount from fruit grown on the premises and the amount from fruit imported from off the premises. The records must indicate the dates of receipt and the quantities of all imported fruit, and the name and location of the growing operation from which the fruit is imported.

(Ord. No. 2024-06, § 2, 3-5-24)

A winery or olive oil mill may serve food as part of a wine tasting or olive oil tasting. The following standards apply to food service at a winery or olive oil mill.

(a)

Food service must be incidental to the tasting of wine or olive oil.

(b)

Food may not be sold separately from the wine or olive oil tasting.

(c)

Food service must be limited to small appetizer-size portions with a fixed menu selected by the winery or olive oil mill. Food service may not involve menu options and meal service so that the winery or olive oil mill functions as a café or restaurant.

(d)

Food service must be limited to one food sample per type of wine or olive oil.

(Ord. No. 2024-06, § 2, 3-5-24)

In addition to all other permits and licenses required by this code, state law, and federal law, a winery must have a valid permit and bond issued by the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by the Bureau, and a current 02 Winegrowers license issued by the California Department of Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic Beverage Control that allow other types of alcohol sales are prohibited.

(Ord. No. 2024-06, § 2, 3-5-24)