Article XIV — FARMWORKER HOUSING STANDARDS

A. Under Section 65580(a) of the Government Code, the Legislature has declared that the availability of housing, including farmworker housing, is of vital statewide importance. The purpose of this section is to promote the development of, and to establish development standards for, farmworker housing, which is available to farmworkers and agricultural workers who are employed on a full-time, full-time seasonal, temporary, or part-time basis; and their families. Farmworker and agricultural worker housing includes:

1. Farmworker Dwelling Units: Pursuant to Health and Safety Code section 17021.6, employee housing for six (6) or fewer employees is treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone.

2. Farmworker Housing Complex: Employee housing consisting of no more than twelve (12) units or thirty-six (36) beds to be permitted in the same manner as other agricultural uses in the same zone.

3. Temporary trailers for seasonal and temporary farmworkers pursuant to Section 18.156.1160. (Ord. 2985, 2025)

AGRICULTURAL WORKER HOUSING: Housing occupied by farmworkers or animal caretakers in the form of farmworker dwelling units, farmworker housing complexes, or temporary trailers in accordance with the provisions of this Article.

FARMWORKER and AGRICULTURAL WORKER: Has the same meaning as "agricultural employee" as defined in Section 1140.4(b) of the California Labor Code.

FARMWORKER DWELLING UNIT: A single-family residential unit occupied by a maximum of six (6) farmworkers at any one time. The farmworkers are employed full-time and working on the same lot on which the dwelling unit is located, or employed on other land that is under the same ownership or lease as the subject lot.

FARMWORKER HOUSING: A housing accommodation developed for and/or provided to farmworkers and agricultural workers, and shall consist of any living quarters, dwelling, boarding house, barracks, bunkhouse, mobile home, manufactured home, recreational vehicle, travel

trailer, or other housing accommodation maintained in one or more buildings and on one or more sites. Farmworker housing shall consist of either a farmworker dwelling unit, farmworker housing complex, or temporary trailer.

FARMWORKER HOUSING COMPLEX: Farmworker housing other than a farmworker dwelling unit that (1) contains a maximum of thirty-six (36) beds if the housing consists of any group living quarters, such as barracks or a bunkhouse, and is occupied exclusively by farmworkers; or (2) contains a maximum of twelve (12) residential units occupied exclusively by farmworkers and their households, if the housing does not consist of any group living quarters. The units are rented to persons who are principally employed within San Bernardino County for activities associated with agriculture.

FARMWORKER, PRINCIPALLY EMPLOYED: A farmworker whose income from activities associated with agriculture is at least fifty percent (50%) of their gross personal income, as reflected in documents cited in Section 18.156.1170. (Ord. 2985, 2025)

All farmworker housing shall comply with the setback, lot coverage, height, and other development standards applicable to the zone in which it is located and the following development standards, unless otherwise indicated in this Article. (Ord. 2985, 2025)

A. New farmworker housing shall not be located on land classified as "Prime" or "Statewide" Importance by the California Department of Conservation Important Farmland Inventory, unless no other feasible alternative location exists on-site.

B. Farmworker housing shall not be located on areas utilized for active crop production on the parcel, unless approved with a land use entitlement.

C. New farmworker housing shall be clustered together, if feasible, and sited near existing road and other structures to reduce grading, landform alteration, the need for construction of new roads, and potential impacts to agricultural soils and operations.

D. New exterior lighting for agricultural worker housing shall be of a low profile and limited to security needs only; all exterior lights shall be directed downward and fully shielded from streets and any off-site residences. (Ord. 2985, 2025)

Farmworker dwelling units are subject to the following development standards:

A. Farmworker dwelling units may be permitted (with a building permit, if applicable) if the maximum number of allowable units does not exceed the limits listed below in Table 18.156-XIV-A for that lot.

B. No more than four (4) farmworker dwelling units shall be located on any single lot.

C. New farmworker dwelling units shall not exceed one thousand eight hundred (1,800) square feet in gross floor area. An attached accessory structure, either habitable or non-habitable, with internal access to the farmworker or animal caretaker dwelling unit shall count toward the total square footage of the dwelling unit.

D. Pre-manufactured or mobilehome dwelling units intended as permanent housing shall be installed on a permanent foundation and shall provide permanent utility connections (potable water, sewer line, electricity, etc.) including permanent heating and cooling facilities.

E. Single-family dwellings, including mobilehomes, shall provide a minimum of one off-street parking space per unit. Parking areas shall be provided in accordance with Chapter 18.164, Article III (Property Development Standards), except Section 18.164.310 may be waived or modified by the Development Services Director or Planning Commission.

• (Ord. 2985, 2025)

A. Farmworker housing complex facilities are a group of structures, or a single structure in the form of single-room occupancy, dormitories, boarding houses, barracks or bunkhouses, consisting of either individual or shared facilities for the purpose of providing housing or services for farmworkers. These facilities may be designed as a combination of sleeping rooms or bunk beds and may include a shared kitchen, mess hall, and bathroom facilities. If designed as group quarters with shared facilities, the housing shall only be occupied by individual farmworkers and not their families. Farmworkers with families or dependent children shall occupy individual dwelling units with independent living facilities (kitchen and bathroom facilities), not within group quarters.

• B. Minimum Parcel Size: A farmworker housing complex is allowed on parcels with a minimum size of five (5) contiguous acres.

C. A farmworker housing complex shall be prohibited in any location designated as a Very High Fire Hazard Severity Zone.

D. Units in a farmworker housing complex may include studios, one-, two- or three-bedrooms.

E. Accessory Structures For Use By The Residents May Include: Kitchen facility or dining hall; laundry facilities; enclosed individual storage for each resident or dwelling unit; and facilities primarily used to provide residents with information regarding and referral to employment, social and community, education, health and other services.

F. Open Space Requirements: When the development includes more than twelve (12) units, then recreational facilities and outdoor living space shall be provided for the benefit and recreational use of the residents in accordance with the requirements of section 18.60.170 of this title.

G. Housing complexes or group quarters shall provide a minimum of one off-street parking space per four beds. Parking areas shall be provided in accordance with Chapter 18.164, Article III (Property Development Standards), except Section 18.164.310 may be waived or modified by the Development Services Director or Planning Commission. (Ord. 2985, 2025)

A. A maximum of one (1) temporary trailer may be used to provide housing for seasonal or temporary farmworkers or animal caretakers, and their families, on a limited term basis. The trailer must be located on the same lot where the farmworkers or animal caretakers are employed.

• B. Permit Type And Requirements:

1. A qualifying temporary trailer shall be permitted with a building permit and Zoning Clearance form, which will serve as a ministerial Limited Term Trailer Permit, permitted for a maximum of one hundred eighty (180) consecutive calendar days or fewer in any twelve (12) month period pursuant to the following:

a. The permit application shall include a description of the number of seasonal or temporary farmworkers or animal caretakers to occupy the temporary trailer, the area of cultivation and crops requiring these workers, and the time period for which seasonal or temporary farmworkers or animal caretakers are required.

b. The permit application shall clearly identify the location of sewer connections, dump stations, or otherwise demonstrate adequate sewage disposal by, for example, including a plan or contract for regular service through registered or permitted septage pumping vehicles, or a combination thereof, which will serve the trailer.

c. In addition to meeting all ministerial and Zoning Clearance application requirements, the applicant shall submit an affidavit in a separate signed statement affirming that the temporary trailer will only be used to house seasonal or temporary farmworkers or animal caretakers solely employed on the site for agricultural production or animal keeping.

d. After the issuance of a Zoning Clearance authorizing use of the temporary trailer as housing for seasonal or temporary farmworkers or animal caretakers, all electrical and plumbing connections to the trailer(s) must be approved and inspected (and obtain a building permit, if required) by the Building and Safety Division prior to occupancy of the trailer.

2. The Development Services Director may extend a Limited Term Trailer Permit by an additional ninety (90) days, on a one-time basis, provided that the applicant submits documentation to justify the additional seasonal employment necessary for the agricultural activity.

• C. General Requirements:

1. A maximum of one temporary trailer will be allowed on any lot.

2. The temporary trailer must be a motor home, travel trailer, truck camper, recreational vehicle, or camping trailer, that is self-contained and habitable, and that is either self-propelled, truck-mounted, or permanently towable on roadways without a permit under the California Vehicle Code.

3. A temporary trailer used to house seasonal or temporary farmworkers or animal caretakers shall be occupied for no more than one hundred eighty (180) consecutive calendar days in any twelve (12) month period, unless the permit is extended pursuant to Section 18.156.1160(B)(2) above.

4. The maximum size of a temporary trailer occupying a space on the lot shall be three hundred (300) square feet of living area. Living area does not include built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, or bath and toilet rooms.

5. The temporary trailer must be "habitable" by meeting all of the following criteria:

a. The temporary trailer must contain sleeping, cooking, bathing, and sanitary facilities;

b. The temporary trailer must either contain an adequate source of potable water through an internal tank or be connected to a permanent source of potable water;

• c. Composting toilets are not allowed. The temporary trailer's wastewater must be disposed of by one of the following means:

• (1) Through a connection to an existing sewer utility connection; or

(2) Through the use of an incorporated wastewater tank that is located within or outside the vehicle, provided that such tank is regularly serviced, for the duration of the vehicle's use as temporary housing, by a wastewater disposal provider, or a septage pumping vehicle. The permittee shall provide proof of such regular wastewater disposal service, in the form of a contract or receipts, to the Planning Division or Building & Safety Division upon request.

d. The temporary trailer must be connected to an approved electrical source. Acceptable electrical connections include the use of an existing electrical source on the lot or a temporary power pole. Generators are not considered an approved electrical source; and

e. Heating and cooling facilities shall be in accordance with those associated with trailers, or equipment initially installed or designed for trailers. No temporary heating facilities will be allowed.

6. Utility conduits shall be installed underground in conformance with applicable state and local regulations.

7. When the temporary trailer is not in use, utilities shall be disconnected, and such housing shall be removed from the site or stored

during the remainder of the year. The temporary trailer shall be removed from the site within five (5) days of the expiration of the permitted period. It may be stored on-site for the remaining days of the calendar year if screened from public view and stored in a rear yard. A temporary trailer stored on-site shall be covered when not in use.

D. Site Design Criteria:

1. Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of the California Administrative Code is more restrictive.

2. The temporary trailer shall be located a minimum of six feet (6') from any other structure on the lot.

3. Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than fifteen percent (15%) or where grading would result in slope heights greater than ten feet and steeper than two to one (2:1).

4. One picnic table, and a grill (without any open flame if located in a High Fire Hazard Area) may be provided on a level, landscaped front yard area. (Ord. 2985, 2025)

A. Occupancy Restrictions For Agricultural Worker Housing:

1. Farmworker housing shall only be occupied by farmworkers and members of their household (however, group living quarters shall only be occupied exclusively by farmworkers).

2. The applicant shall demonstrate that the farmworker housing shall only be used for farmworkers (on a permanent or seasonal basis) who meet the employment criteria in subsection B. This requirement shall not apply to housing occupied by farmworkers who subsequently retire or become disabled and continue to reside in the unit pursuant to subsection B3. This requirement shall not apply to a surviving spouse or domestic partner who continues to reside in the unit pursuant to subsection B4.

3. A deed restriction in a form approved by the City that runs with the land shall be recorded with the County Recorder, prior to the issuance of a building permit for construction for all farmworker housing except for temporary trailers, limiting the use of such housing to farmworker housing and setting forth the conditions and requirements applicable to such use. The property owner shall also be required to provide written disclosure of all such conditions and requirements before any sale, lease, or financing of the subject lot(s) and dwelling units. This use restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the City. In the event the farmworker housing use is terminated and/or structures are removed in accordance with this Municipal Code and other applicable law as confirmed in writing by the Development Services Director, the deed restriction that accompanies the development shall be released and removed from the property.

B. Employment Criteria For Agricultural Workers:

1. Farmworker dwelling units shall only be rented or provided under the terms of employment to farmworkers who are employed on a fulltime (minimum of thirty two (32) hours per week), full-time seasonal, or temporary basis by the property owner or lessee of the lot upon which the dwelling unit is located to work onsite or on other land in San Bernardino County that is under the same ownership or lease. Farmworkers may retain their employment status during periods of non-agricultural employment, as long as they meet the full-time requirement for at least nine (9) months of the calendar year.

2. Units in a farmworker housing complex shall only be rented or provided to persons who are principally employed within San Bernardino County for activities directly associated with agriculture. This includes farmworkers who work on a full-time, full-time seasonal, temporary or part-time basis.

3. A qualified farmworker who has been renting or occupying a farmworker dwelling unit, or a unit in a farmworker housing complex, and who subsequently retires or becomes disabled, may continue to reside in the unit along with members of their household.

4. After the death of a qualified farmworker who has been renting or occupying a farmworker dwelling unit, or a unit in a farmworker housing complex, their surviving spouse or domestic partner may continue to reside in the unit.

5. Temporary trailers shall only be rented or provided to farmworkers who are employed on a full-time, full-time seasonal, or temporary basis by the property owner or lessee of the lot to work on the land upon which the temporary trailer is located.

6. Proof of qualifying employment for occupants of farmworker housing shall be provided at the time of permit approval, which can be satisfied by providing a combination of at least two (2) of the following documents, as applicable:

a. Employee's income tax return;

• b. Employee's pay receipts;

• c. Employee's W-2 form;

d. Employer's DE-34 form;

e. Employer's ETA 790 form;

f. Employer's DLSE-NTE form;

g. A document signed by both the employer and the employee, which states that the occupant of the agricultural worker housing is employed in agriculture, and includes a description of the employee's job duties; or

h. Other proof approved in writing by the Development Services Director.

C. Annual Verification Of Employment Of Agricultural Workers:

1. The owner or lessee of the property, property management company, and/or designated agent of the owner or lessee, shall submit an annual employment verification declaration, and any applicable City-required verification fees as established by resolution of the City Council, no later than May 15 of each year to the Development Services Director or designee to verify that all the dwelling units or sleeping quarters in the farmworker housing are occupied by persons who meet the employment criteria established above. For purposes of this section,

permanent farmworker housing includes all agricultural worker housing except for temporary trailers. The completed verification declaration and supporting documentation shall require the property owner to meet all the following requirements:

a. Verify and provide evidence that any permanent agricultural worker housing was occupied by farmworkers during the preceding calendar year;

b. Declare that any permanent agricultural worker housing will be occupied by farmworkers during the current calendar year; and,

c. Provide proof of qualifying employment for occupants of agricultural worker housing, upon request by the City, by using a combination of at least two of the documents as listed in subsection B6.

• D. Enforcement:

1. The provisions of subsections B and C of this Article shall be referenced or set forth in deed restrictions and/or conditions of approval that shall be recorded in the subject property's chain of title. Violations of subsections B and C may be enforced through any other available legal means.

2. Within thirty (30) days after receiving approval for permanent or seasonal employee housing from the Development Services Department, and before issuance of any building permit(s), the applicant shall record with the County Recorder, a deed restriction in a form approved by the City that runs with the land on which the agricultural employee housing is located declaring that:

a. The agricultural employee housing will continuously be maintained in compliance with this Article XIV of Chapter 18.156 and all other applicable sections of this Municipal Code; and

b. If required for pre-manufactured housing and/or mobilehome units used for farmworker housing, the property owner shall obtain the appropriate permit(s) from the City of Redlands and/or California Department of Housing and Community Development.

c. The deed restriction shall not be amended, released, terminated, or removed from the property without the prior written consent of the City of Redlands. In the event the agricultural employee housing use is terminated and/or structures are removed in accordance with this Article and other applicable law as confirmed in writing by the Development Services Director, the deed restriction that accompanies the development shall be released and removed from the property.

3. In addition to all other available enforcement and legal remedies, the City may require the removal of a housing unit and restoration of the site (including any affected agricultural soils) based on the unpermitted or unverified use of the farmworker housing units, or based on other violations of this Article. (Ord. 2985, 2025)