Chapter 824-8 — LODGING IN AGRICULTURAL DISTRICTS

(a)

Agritourism lodging may be provided only in a legally established residence or legally established residential accessory structure. Agritourism lodging may not be located within agricultural employee housing, seasonal or year-round farmworker housing, or accessory dwelling units.

(b)

The minimum parcel size for an agritourism lodging establishment is ten acres.

(c)

The owner of the land on which agritourism lodging is provided, or a tenant farmer, must reside on the property.

(d)

An agritourism lodging establishment may have a maximum of five bedrooms or sleeping rooms used for lodging.

(e)

The maximum overnight occupancy for agritourism lodging is two persons per bedroom or sleeping room. Children under eighteen years of age are not counted toward occupancy. The maximum number of agritourism lodging guests that may be on the premises at any one time is ten.

(f)

An agricultural lodging establishment may not provide lodging to a guest for more than thirty consecutive days.

(g)

Food Service.

(A)

An agricultural lodging establishment may serve food or meals at any time, but only to registered guests.

(B)

The price of food served at a farm stay establishment or bed and breakfast establishment must be included in the price of the lodging.

(C)

No kitchen or kitchenette facilities are allowed in a guest room within an agritourism lodging establishment.

(h)

Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. Quiet hours during which noise must be restricted such that it cannot be heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the following morning. The amplification of sound by any device outside the agritourism lodging establishment is prohibited during quiet hours.

(i)

Exterior lighting must be directed downward and away from adjacent properties.

(j)

The operator of an agricultural lodging establishment must engage in a program of agricultural promotion and guest education regarding the agricultural activities on site and in the area. The program may include active participation in the on-site agricultural activities as part of the consideration for the lodging.

(k)

An agricultural activities and promotion plan must be submitted with the permit application. The plan must demonstrate that the primary use of the land is for agriculture by including a map of the parcel, the location of agritourism use(s), the location of any other structures, the locations and type of agricultural activities to be conducted on the parcel, and the total percentage of parcel area engaged in agricultural activities. The plan must also describe the agricultural promotion program associated with the agricultural lodging, including how the program will promote local agriculture and educate guests.

(l)

Farm stay establishments. The following additional standard applies to farm stay establishments: the maximum number of days a farm stay establishment may host guests in a calendar year is ninety days.

(m)

Bed and breakfast establishments. The following additional standards apply to bed and breakfast establishments.

(1)

At least eighty percent of a parcel where a bed and breakfast establishment is located must be engaged in agricultural activities and kept free of structures.

(2)

A bed and breakfast establishment may only be located on a lot served by a retail water supplier or within the boundaries of the East Contra Costa County Groundwater Subbasin. A "retail water supplier" is a public agency, city, county, or investor-owned water utility regulated by the state Public Utilities Commission that provides retail water service. A mutual water company is not a retail water supplier.

(3)

In land use districts where a bed and breakfast establishment regulated by this division would otherwise be a permitted use, it is unlawful to establish a bed and breakfast establishment if the location of the bed and

breakfast establishment is within one-quarter mile of any parcel occupied by any other bed and breakfast establishment. For the purposes of this subsection, distance is measured by the shortest line connecting any point on the property line of the parcel on which the bed and breakfast establishment will be established to any point on the property line of the other parcel.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

Agricamping may be provided only in camping structures, including tent cabins and yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned structures, or guest-owned travel trailers is not allowed.

(b)

The minimum parcel size for an agricamping establishment is ten acres.

(c)

The owner of the land on which agricamping is provided, or a tenant farmer, must reside on the property.

(d)

An agricamping establishment may have a maximum of five total camping structures or travel trailers.

(e)

The maximum overnight occupancy for agricamping is two persons per camping structure or travel trailer. Children under eighteen years of age are not counted toward occupancy. The maximum number of agricamping guests that may be on the premises at any one time is ten.

(f)

An agricamping establishment may not provide lodging to a guest for more than thirty consecutive days.

(g)

Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. Quiet hours during which noise must be restricted such that it cannot be heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the following morning. The amplification of sound by any device at the agricamping establishment is prohibited during quiet hours.

(h)

Exterior lighting must be directed downward and away from adjacent properties.

(i)

An agricamping establishment may serve food or meals at any time, but only to registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a camping structure or travel trailer.

(j)

The operator of an agricamping establishment must engage in a program of agricultural promotion and guest education regarding the agricultural activities on site and in the area. The program may include active participation in the on-site agricultural activities as part of the consideration for the lodging.

(k)

An agricultural activities and promotion plan must be submitted with the permit application. The plan must demonstrate that the primary use of the land is for agriculture by including a map of the parcel, the location of agritourism use(s), the location of any other structures, the locations and type of agricultural activities to be conducted on the parcel, and the total percentage of parcel area engaged in agricultural activities. The plan must also describe the agricultural promotion program associated with the agricamping, including how the program will promote local agriculture and educate guests.

(Ord. No. 2024-06, § 2, 3-5-24)

Chapter 824-10 - FOOD SERVICE IN AGRICULTURAL DISTRICTS

(a)

Up to twelve farm dinners may be hosted at a property per year.

(b)

The maximum number of guests at a farm dinner is thirty, except that one farm dinner with a maximum of one hundred fifty guests may be held at a property annually. A farm dinner is not an event subject to the requirements of Chapter 82-44, Temporary Events.

(c)

A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio, or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet all building codes and fire codes that apply to the proposed number of guests.

(d)

Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. Quiet hours during which noise must be restricted such that it cannot be heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the following morning. The amplification of sound by any device at a farm dinner is prohibited during quiet hours.

(e)

Exterior lighting must be directed downward and away from adjacent properties.

(f)

The host of a farm dinner must engage in a program of agricultural promotion and guest education regarding the agricultural activities on site and in the area. The program may include active participation in the on-site agricultural activities as part of the consideration for the farm dinner.

(g)

An agricultural activities and promotion plan must be submitted with the permit application. The plan must demonstrate that the primary use of the land is for agriculture by including a map of the parcel, the location of agritourism use(s), the location of any other structures, the locations and type of agricultural activities to be conducted on the parcel, and the total percentage of parcel area engaged in agricultural activities. The plan must also describe the agricultural promotion program associated with the farm dinner, including how the program will promote local agriculture and educate guests.

(h)

This section does not authorize the establishment of a microenterprise home kitchen operation. Food served at a farm dinner must be prepared in accordance with all applicable local, state, and federal laws and regulations.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

A farm-to-table restaurant may be established in an existing structure or in a new structure.

(b)

The minimum parcel size for farm-to-table restaurant is ten acres.

(c)

The maximum dining area size in a farm-to-table restaurant is one thousand five hundred square feet.

(d)

The maximum dining area capacity in a farm-to-table restaurant is thirty-five guests.

(e)

Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. Quiet hours during which noise must be restricted such that it cannot be heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the following morning. The amplification of sound by any device outside the farm-to-table restaurant is prohibited during quiet hours.

(f)

Exterior lighting must be directed downward and away from adjacent properties.

(g)

Unless otherwise provided in a land use permit, at least fifty percent of the fruits and vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit may, based the site's agricultural activities and seasonal impacts on production, authorize a different percentage of fruits and vegetables grown on-site that must be served at the farm-to-table restaurant. At least seventy-five percent of the fruits and vegetables served at a farm- to-table restaurant must be grown within Contra Costa County.

(h)

An agricultural activities and promotion plan must be submitted with the permit application. The plan must demonstrate that the primary use of the land is for agriculture by including a map of the parcel, the location of agritourism use(s), the location of any other structures, the locations and type of agricultural activities to be conducted on the parcel, and the total percentage of parcel area engaged in agricultural activities. The plan must also demonstrate how the farm-to-table restaurant will meet the percentage requirements for fruits and vegetables that must be grown on-site. The plan must also describe the agricultural promotion program associated with the farm-to-table restaurant, including how the program will promote local agriculture and educate guests.

(i)

At least eighty percent of a parcel where a farm-to-table restaurant is located must be engaged in agricultural activities and kept free of structures.

(j)

A farm-to-table restaurant may only be located on a lot served by a retail water supplier or within the boundaries of the East Contra Costa County Groundwater Subbasin. A "retail water supplier" is a public agency, city, county, or investor-owned water utility regulated by the state Public Utilities Commission that provides retail water service. A mutual water company is not a retail water supplier.

(k)

In land use districts where a farm-to-table restaurant regulated by this division would otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the location of the farm-to-table restaurant is within one mile of any parcel occupied by any other farm-to-table restaurant. For the purposes of this subsection, distance is measured by the shortest line connecting any point on the property line of the parcel on which the farm-to-table restaurant will be established to any point on the property line of the other parcel.

(Ord. No. 2024-06, § 2, 3-5-24)

(a)

Except as otherwise provided for in this section, a food truck or other mobile food vendor may not operate on any private parcel where an agritourism use is authorized under this division.

(b)

A food truck or other mobile food vendor may operate on a private parcel where an agritourism use is authorized in any of the following circumstances:

(1)

The agritourism use is a grower stand, farm stand, or farm market, and the food truck or other mobile food vendor is accessory to and only operates during the operation of the grower stand, farm stand, or farm market. Not more than three food trucks or other mobile food vendors may operate on the private parcel at the same time.

(2)

A land use permit issued under this division authorizes a food truck or other mobile food vendor to operate on the private parcel.

(3)

The food truck or other mobile food vendor is part of a temporary event authorized under Chapter 82-44.

(Ord. No. 2024-06, § 2, 3-5-24)