Sec. 1004. AOZ - Agriculture Overlay Zone

• A. Purpose: The regulations contained in the AOZ are intended to be applied to Agricultural Zone District areas where additional land use limitations are needed to implement the Kings County General Plan and address related public health and safety concerns. The AOZ is intended to provide added restrictions that are limited in scope and serve to modify the base zone district requirements. The specific purposes of the AOZ are:

  1. Reduce potential land use conflicts around Naval Air Station Lemoore, concerning noise and safety due to the operation of military jet aircraft.

  2. Enhance land use compatibility around Naval Air Station Lemoore by accommodating agriculture, aircraft, and residential uses in a compatible manner that maintains economic and national defense sustainability while also allowing residents opportunities to improve their quality of life.

  3. Preserve lands best suited for agricultural uses and serving as a military base safety buffer from encroachment by incompatible uses.

  4. Apply to AX expansion areas as adopted by the Board of Supervisors on January 2010 and any changes and/or amendments of such expansion areas, and implement the policies and provisions of the Kings County General

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Plan.

5. The AOZ shall be shown on the Zoning Map by adding the designator "AO" to the base district designation. The AOZ will be applied to all properties designated as Exclusive Agriculture as shown on Figure LU-11 of the 2035 Kings County General Plan and currently zoned either AG-20 or AG-40.

6. The provisions of this chapter shall apply to all parcels of land located within the designated boundaries of the overlay district as illustrated on maps contained on the County zoning map. In the event of a conflict with the regulations of the underlying base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply. Where the overlay zoning district is not defined, the regulations of other sections of this title shall apply.

B. Development Standards and Regulations within the Agricultural Overlay Zone:

1. New residential development is prohibited when proposed within the 70 Community Noise Equivalent Level (CNEL) or greater noise contours for any military airfield, airport or helipad within Kings County.

2. Residential development in an area with 60 CNEL noise contours or greater, but less than 70 CNEL, shall be in accordance with the following standards:

   • a. Minimum noise insulation to 45 dB CNEL within residential dwelling units including accessory residential dwelling units.

   • b. The property owner shall provide disclosure statements to prospective buyers that the parcel is located in an area which may be exposed to frequent aircraft noise events such as aircraft arrivals, departures, overflights, engine run-ups, etc.

• c. An Avigation Easement, on forms approved by the County, shall be recorded with the Kings County Clerk Recorder, for each newly created residential or agricultural parcel or when a building permit is issued on an existing parcel or lot. Copies shall be filed with the Community Development Agency. The Avigation Easement shall be granted to the owner of the airport and acknowledge the property is located near a source of aircraft noise and grants the right of flight and unobstructed passage of all aircraft, civilian and military, into and out of the military airfield.

  3. Maximum height for any structure is 100 feet.

  4. Maximum of five dwelling units per parcel. This includes any combination of dwelling units (e.g., primary residence, farm employee housing, mobile home or manufactured home for farm employee and/or infirm relative, etc.).

  5. Nothing in the Naval Air Station Lemoore Joint Land Use Study (JLUS) or adoption of plans or policies to implement the JLUS shall impair or prohibit the lawful operation of non-public use airports within the JLUS boundaries. Expansions or modifications to such airports may occur if found consistent with applicable local land use standards for such activities.

• C. Residential Clustering:

  1. The purpose of the Residential Clustering is to provide a mitigation method to locate residential development in a manner that will minimize potential negative impacts to the aviation patterns of military aircraft. Residential clustering must be approved through Site Plan Review and comply with the following requirements:

     • a. A parcel of land will be credited one dwelling unit per each legal parcel that could be created through the subdivision of the property. Farm employee housing and accessory manufactured or mobile homes will not be included in the density calculation. Density cannot be transferred to another parcel of land. Maximum density shall be no greater than that allowed under the base zoning district.

     • b. If a property utilizes clustering, the physical subdivision of the property at a later date may be allowed however, no dwelling units may be constructed on the newly subdivided parcels.

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• c. A development agreement between the County and landowner will be required that will outline the specifics related to the residential clustering.

D. Agricultural Residential Transfer:

1. The purpose of the agricultural residential transfer is to provide an alternative mitigation method to property owners within the AOZ when agricultural residential clustering is not a feasible option and allows transfer of the agricultural residential development rights to a third party. Increased restrictions apply so as to protect the integrity of other prioritized agricultural land resources within the County. Agricultural residential transfer must be approved through site plan review and comply with the following requirements:

   • a. Sufficiently demonstrate to the County that the Agricultural Residential Clustering is not a feasible option.

• b. Allow one agricultural residence development right per minimum parcel size that could be created through the subdivision of the property. Farm employee housing and accessory manufactured or mobile homes will not be included in the density calculation.

  • c. A development agreement between the County and landowner will be required that will disclose and define the actual transfer of development rights to a specific parcel or parcels.

  • d. Recipient parcel(s) shall not be located within a designated military aircraft flight corridor.

  • e. Recipient parcel(s) shall not be located on Williamson Act or Farmland Security Zone contracted land.

  • f. Recipient parcel(s) must be located within the Low-Medium Priority agricultural land or lower according to Figure RC-13 Priority Agricultural Land in the Resource Conservation Element of the 2035 Kings County General Plan.

  • g. Future division of land shall be subject to the agricultural residential limitations as exercised by the present or past property owner.

E. Prohibited Uses:

1. Residential development within an area that has 70 CENL noise contours or greater.

2. Farm Labor housing in excess of five dwelling units per parcel.

3. Community Care facilities, supportive housing for the target population, and transitional housing that do not qualify as a residential use allowed by the Health and Safety Code Section 1500, et seq.

4. Large family day care homes for nine to fourteen children.

5. Animal rescue shelters.

6. Guest ranches.

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Figure 10-1 Agriculture Overlay Zone Map