Riverside County Municipal Code Ch. 17.322 Agricultural Employee Housing

The board of supervisors finds the following:

A. In enacting the Employee Housing Act, the California Legislature declared that it is the policy of the state to permit and encourage the development and use of sufficient numbers and types of employee housing facilities are commensurate with local need.

B. More specifically, California Health and Safety Code Sections 17021.6 and 17021.8 require local jurisdictions to establish ministerial approval processes for qualifying employee housing for agricultural workers in agricultural areas.

C. According to the 2024 Riverside County Agricultural Production Report, Riverside County was ranked 14 th in the state for total production value at $1.7 billion. The Coachella Valley area alone contributes roughly fifty-four (54) percent of this total production value.

D. It is essential to promote safe housing for agricultural workers who are essential workers of the agricultural industry in Riverside County and California.

E. Therefore, the purpose of this article is to implement state law and establish clear, objective standards for zoning, development, and operation of agricultural employee housing in the unincorporated area of the County of Riverside in order to protect the public health, safety, and welfare.

(Ord. No. 348.5055, § 1, 7-28-2026)

This ordinance is adopted pursuant to all of the following:

A. California Constitution, Article XI, Section 7, which authorizes the County of Riverside to adopt ordinances and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;

B. California Health and Safety Code section 17021.6, which provides for employee housing development for agricultural employees consisting of no more than thirty-six (36) beds in a group quarters, or twelve (12) units or spaces designed for use by a single-family or household within a zone allowing agricultural uses; and

C. California Health and Safety Code section 17021.8, which provides for a streamlined, ministerial approval process for agricultural employee housing developments for agricultural employees consisting of up to thirty-six (36) units or spaces for use by a single-family or household within a general plan designation of agriculture.

(Ord. No. 348.5055, § 1, 7-28-2026)

A. General.

1. Scope. Polanco Parks are eligible for ministerial approval pursuant to Section 17021.6 of the Health and Safety Code and this chapter. If there is an inconsistency between the provisions of this section and the Employee Housing Act, State law shall control.

2. Use. Polanco Parks shall be deemed an agricultural use of the property.

B. Minimum requirements. Polanco Parks shall meet the following minimum requirements:

1. The development consists of no more than thirty-six (36) beds in a group quarters, or twelve (12) units or spaces designed for use by a single-family or household.

2. The development is for agricultural employees who do not work on the property where the employee housing is located.

3. The development is for "employee housing" as defined by subdivisions (b) and (c) of Section 17008 of the Health and Safety Code within the Employee Housing Act and must meet all of the following minimum requirements:

a. The housing accommodations or property are not maintained in connection with any work or workplace.

b. The housing accommodations or property are provided by someone other than an agricultural employer, as defined in Section 1140.4 of the California Labor Code.

c. The housing accommodations or property are used by five or more agricultural employees.

C. Site requirements. Polanco Parks may be permitted in all of the following zoning classifications: R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-T-R, M-SC, M-M, M-H, M-R, M-R-A, A-1, A-P, A-2, A-D, C/V, WC-W, WC-WE, WC-E, WC-R, W-2, R-D, N-A, W-2-M, W-1.

D. Development standards. Polanco Parks shall comply with the development standards for the zoning classification in which the site is located, except as otherwise required in this section:

1. Utilities. Demonstrate and provide availability of adequate utilities, including dry utilities, water supply, and wastewater disposal, in accordance with applicable state and local requirements, subject to approval by the county environmental health department, county waste resources, and county planning department.

2. Access and Public Safety. Comply with all minimum requirements for access and public safety, subject to approval by the county transportation department and county fire department.

3. Parking. Parking shall be provided in accordance with Section 18.12 of this Ordinance based on the type of applicable residential use (e.g. multiple family, single family, or group living).

4. All applicable standards. Comply with all applicable state and local public health and safety codes, laws, regulations, and standards, including, but not limited to, California Employee Housing Act (Health and Safety Code Section 17000 et seq.), Riverside County Ordinance No. 457, and the county's Employee Housing Mobile Home Park Construction Handbook, as well as, applicable requirements related to fire protection, emergency access, water and wastewater service, and environmental health.

E. Operational requirements. Polanco Parks shall be operated and maintained in compliance with applicable state law, including the California Health and Safety Code and California Employee Housing Act.

F. Approval.

1. Administrative review.

a. No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone.

b. Action taken on Polanco Park applications shall be ministerial and not a project pursuant to the California Environmental Quality Act.

2. Application.

a. An application for a Polanco Park shall be made to the Building and Safety Department on the forms provided and shall be accompanied by the fees set forth in Riverside County Ordinances.

b. Polanco Park applications may utilize any applicable standard plans adopted by the building and safety department.

3. Permit process. A Polanco Park application may receive a permit to operate if it meets all of the following:

a. The minimum requirements, site requirements, development standards, and operational requirements of this section;

b. Any submittal document checklist(s); and

c. All applicable state and local building, health and safety laws or requirements.

4. Airport compatibility. Nothing in this section shall exempt a Polanco Park from compliance with applicable airport land use compatibility plans, airport land use commission review procedures, if applicable, or any other requirements otherwise required by state law.

G. Fees.

1. Prohibited fees.

a. Polanco Parks which meets the requirements of this article shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other agricultural activities in the same zone are not likewise subject.

b. Neither the state fire marshal nor any local public entity shall charge any fee to the owner, operator, or any resident for enforcing fire inspection regulation pursuant to state law or regulations or local ordinance.

2. Permitted fees. This section does not forbid the imposition of local property taxes, fees for water services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments to which other agricultural activities in the same zone are likewise subject.

3. Transportation uniform mitigation fee (TUMF) exception. An agricultural employee housing development shall not be subject to the Western Riverside County TUMF Program or Coachella Valley TUMF Program, if the development qualifies for an exemption under Ordinance No. 824 or Ordinance No. 673, respectively.

(Ord. No. 348.5055, § 1, 7-28-2026)

A. General.

1. Scope. Agricultural employee housing is eligible for ministerial approval pursuant to Section 17021.8 of the Health and Safety Code and this article. If there is an inconsistency between the provisions of this section and the Employee Housing Act, state law shall control.

2. Use. Agricultural employee housing shall be deemed an agricultural use of the property.

B. Minimum requirements.

1. Development. Agricultural employee housing shall satisfy all of the following:

a. The development is for agricultural employees as defined in Sections 17008 and 17021 of the Health and Safety Code and Section 1140.4 of the Labor Code.

b. The development does not contain dormitory-style housing.

c. The development consists of no more than thirty-six (36) units or spaces designed for use by a single-family or household.

d. The development is not ineligible for state funding pursuant to paragraph (1) of subdivision (b) of Section 50205 of the Health and Safety Code.

2. Certified operator. Agricultural employee housing shall be maintained and operated by one of the following certified operator models:

a. Housing and Community Development (HCD) - Certified Operator.

i. Certification process. This type of operator must fit one of the following:

1. A qualified affordable housing organization that has been certified by the California Department of Housing and Community Development (HCD), pursuant to Section 17030.10 of the Health and Safety Code; or

2. A local public housing agency or a multicounty, state, or multistate agency. In that case, the agency may either directly maintain and operate the agricultural employee housing or contract with another qualified affordable housing organization that has been certified pursuant to Section 17030.10 of the Health and Safety Code.

ii. Certification requirements. The applicant shall submit proof of issuance of the qualified affordable housing organization's certification by the California Department of Housing and Community Development (HCD), pursuant to Section 17030.10 of the Health and Safety Code.

iii. Affordability commitment. The applicant commits to recording an affordability covenant on the property prior to certificate of occupancy to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than fifty-five (55) years. For purposes of this paragraph, "affordability" means the agricultural housing is made available at an affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

b. County-certified operator.

i. Certification process. This type of operator must be certified by the county housing authority with more than ten (10) years of verified experience operating a Polanco Park or other similar equivalent development. The operator shall have no active code enforcement violations and no documented pattern of recurring Code Enforcement violations within the previous five years, as determined by the county housing authority.

ii. Certification requirements.

1. The operator shall make available to any tenant contact information to submit complaints to the County of Riverside.

2. The operator shall maintain their certification in good standing with the County of Riverside, and furnish information on rent charged, resident, or tenant complaints, or other operational data as requested by any county department.

iii. Affordability commitment. The applicant commits to recording an affordability covenant on the property prior to certificate of occupancy to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than fifty-five (55) years. For purposes of this paragraph, "affordability" means the agricultural housing is made available at an affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

C. Site requirements. Agricultural employee housing shall comply with the following location requirements:

1. General plan. The development shall be located on property with a general plan land use designation of agricultural (AG:AG).

2. Prohibited locations. The development shall not be located on a site that is any of the following:

a. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

b. Within a very high fire hazard severity zone, as determined by the department of forestry and fire protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the department of forestry and fire protection pursuant to Section 4202 of the Public Resources Code.

c. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the department of toxic substances control pursuant to Section 25356 of the Health and Safety Code, unless the department of toxic substances control has cleared the site for residential use or residential mixed uses.

d. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

e. Within a floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

f. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.

g. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

h. Lands under conservation easement. For purposes of this paragraph, "conservation easement" shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

i. Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six housing units.

D. Development standards. Agricultural employee housing developments shall comply with the following objective development standards:

1. Utilities. Demonstrate and provide availability of adequate utilities, including dry utilities, water supply, and wastewater disposal, in accordance with applicable state and local requirements, subject to approval by the county environmental health department, county waste resources, and county planning department.

2. Access and public safety. Comply with all minimum requirements for access and public safety, subject to approval by the county transportation department and county fire department.

3. Parking. Parking shall be on-site only and follow the standards for mobilehome parks pursuant to Section 18.12 of this ordinance.

4. Significant hazards. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements.

5. All applicable standards. Comply with all applicable state and local public health and safety codes, laws, regulations, and standards, including, but not limited to, California Employee Housing Act (Health and Safety Code Section 17000 et seq.), Riverside County Ordinance No. 457, and the county's Employee Housing Mobile Home Park Construction Handbook.

E. Operational requirements. Agricultural employee housing shall be maintained and operated as follows:

1. Agricultural employee housing shall be operated and maintained in compliance with applicable county and state law, including the California Health and Safety Code and California Employee Housing Act.

2. The certified operator shall provide for onsite management of the development.

3. The applicant shall record an affordability covenant on the property prior to certificate of occupancy to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than 55 years. For purposes of this paragraph, "affordability" means the agricultural housing is made available at an affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

F. Approval.

1. Administrative review.

a. No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone.

b. Action taken on agricultural employee housing applications shall be ministerial and not a project pursuant to the California Environmental Quality Act.

2. Application. An application for agricultural employee housing shall be made to the building and safety department on the forms provided and shall be accompanied by the fees set forth in Riverside County Ordinances.

3. Permit process. An agricultural employee housing site may receive a permit to operate if it meets all of the following:

a. Within thirty (30) days of submission of a complete application, the county will review the application to determine if it meets the minimum requirements and site requirements of this section and provide written documentation of which requirement or requirements the development does not satisfy and an explanation for the reason or reasons the development does not satisfy the requirement or requirements.

b. Within ninety (90) days of submission of a complete application, the county will review the application to determine if it meets the development standards and operational requirements of this section and provide written documentation of which requirement or requirements the development does not satisfy and an explanation for the reason or reasons the development does not satisfy the requirement or requirements.

4. Airport compatibility. Nothing in this section shall exempt agricultural employee housing from compliance with applicable airport land use compatibility plans, airport land use commission review procedures, if appliable, or any other requirements otherwise required by state law.

G. Fees. Agricultural employee housing shall be subject to fees, including development impact fees, and exactions authorized by law that are essential to provide public services and facilities to the development, unless otherwise exempt.

1. Transportation uniform mitigation fee (TUMF) exemption. An agricultural employee housing development shall not be subject to the Western Riverside County TUMF Program or Coachella Valley TUMF Program, if the development qualifies for an exemption under Ordinance No. 824 or Ordinance No. 673, respectively.

(Ord. No. 348.5055, § 1, 7-28-2026)

A. Enforcement. A Polanco Park or Agricultural Employee Housing development approved pursuant to this article that fails to comply with the requirements of this article or other applicable local, state, and federal requirements shall be subject to enforcement action pursuant to Article XXII of Ordinance 348.

B. Failure to maintain a permit to operate. If the property owner of a Polanco Park or Agricultural Employee Housing development fail to maintain a permit to operate pursuant to this article throughout the first ten (10) consecutive years following the issuance of the original certificate of occupancy, both of the following shall occur:

1. The county shall notify the appropriate local government entity.

2. The county or other applicable agency that has waived any taxes, fees, assessments, or charges for employee housing pursuant to this section may recover the amount of those taxes, fees, assessments, or charges from the landowner, less ten (10) percent of that amount for each year that a valid permit has been maintained.

(Ord. No. 348.5055, § 1, 7-28-2026)