9-203.010 - PURPOSE

The specific purposes of the Agricultural zones are to:

(a)

Designate adequate land, consistent with the General Plan, for animal raising, crop production, and related agricultural services supporting the agricultural economy in the County;

(b)

Maintain and strengthen the County's economic and fiscal resources and provide employment and housing opportunities for residents of the County;

(c)

Establish appropriate development standards and buffering requirements to protect adjacent uses and ensure land use compatibility; and

(d)

Minimize the impacts of agricultural development on adjacent residents, while also ensuring the Right-toFarm.

The following Agricultural zones implement the General Plan classification for agricultural land use:

AG Zone. The General Agriculture (AG) Zone is established to preserve agricultural lands for the continuation of commercial agricultural enterprises. This zone implements the General Agriculture land use designation of the General Plan.

AI Zone. The Agricultural Industry (AI) Zone is established to provide limited dry uses that complement both agricultural and industrial businesses on parcels not considered ideal locations for farming due to size, location, irregular shape, or classification of farmland. This zone implements the Agriculture-Industrial land use designation of the General Plan.

AL Zone. The Limited Agriculture (AL) Zone is intended to recognize and preserve areas for small-scale agricultural operations and dwellings. This zone implements the Limited Agriculture land use designation of the General Plan.

AU Zone. The Agriculture-Urban Reserve (AU) Zone is intended to retain in agriculture those areas planned for future urban development in order to facilitate compact, orderly urban development and appropriate timing and economical provision of services and utilities. This zone implements the Agriculture-Urban Reserve land use designation of the General Plan.

A number included after an agricultural zoning designation annotates the minimum lot size in acres. For example, AU-20 means a 20-acre minimum lot size in that AU zone.

(Ord. No. 4671, § 14, 5-13-2025)

9-203.020 - LAND USE REGULATIONS

Table 9-203.020-1 prescribes the land use regulations for the Agricultural zones. Use types are defined in Chapter 9-901, Use Classifications; key terms used in the classifications are defined in Chapter 9-900, Terms and Definitions. In cases where a specific land use or activity is not defined, the Zoning

Administrator shall assign the land use or activity a classification that is substantially similar in character. Use classifications and sub classifications not listed in the table or not found to be substantially similar to the uses listed in the table are prohibited. The right-hand column in the table includes specific section references for other regulations in this Title, in Chapter 9-409, Standards for Specific Uses and Activities.

r activity a classification that is substantially similar in character. Use classifications and sub classifications not listed in the table or not found to be substantially similar to the uses listed in the table are prohibited. The right-hand column in the table includes specific section references for other regulations in this Title, in Chapter 9-409, Standards for Specific Uses and Activities.

(a)

Expansion of Uses and Structures. Uses or structures that require discretionary review may be expanded with a Zoning Compliance Review, provided the following conditions are met:

(1)

The proposed expansion or construction of a structure involves less than a 25-percent increase in the approved floor area, as shown on the most recent land use permit or Zoning Compliance Review on file, but no more than 10,000 square feet;

(2)

The proposed expansion involves less than a 25-percent increase in the developed area of the site;

(3)

The proposed expansion will not have a substantial, adverse effect; and

(4)

The expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency.

Where conditions in Subsections (1) through (4) of this Section are not met, the level of review for the expansion shall be the same as the review required in Table 9-203.020-1 for a new use.

(b)

Change in Use. Any change in an existing use to a new use that requires land use permit shall be permitted without a land use permit, provided the Zoning Administrator finds that the proposed use:

(A)

will have no greater impact than the existing use; and

(B)

occupies the same floor area as the existing use.

The Zoning Administrator reserves the right to require a Zoning Compliance Review in lieu of the Use Permit or to allow a minor expansion, as needed.

(c)

Accessory Uses and Structures. Accessory uses and structures permitted, not permitted, and conditionally permitted are set forth in Table 9-203.2 Accessory uses and structures not specifically listed in Table 9- 203.2 are allowed with a Zoning Compliance Review if the primary use is permitted or with an Administrative Use Permit if the primary use requires an Administrative Use Permit or a Conditional Use Permit. All accessory uses are subject to Section 9-409.040, Accessory Uses.

TABLE 9-203.020-2: ACCESSORY USES & STRUCTURES IN AGRICULTURAL ZONES

(1)

Continuation of an Accessory Use. A Revision of Approved Actions to allow the continuation of an accessory use to an existing excavation subject to a Quarry Excavation Permit when the Quarry Excavation Permit is about to lapse shall be subject to the following minimum requirements:

(A)

Application for Revision of Approved Actions. When the Quarry Excavation Permit is about to lapse solely because the mineral resource at an existing excavation subject to a Quarry Excavation Permit is nearly exhausted or has been exhausted, the Permittee may apply to the Community Development Department for a Revision of Approved Actions for the purpose of allowing the continuation of an accessory use if all of the following criteria are satisfied:

(i)

The lapsing of the Quarry Excavation Permit is due to lack of production at the permitted area resulting solely from the exhaustion of the mineral resource being excavated;

(ii)

The Applicant desires the Revision of Approved Actions to continue an authorized accessory use under the lapsing Quarry Excavation Permit;

(iii)

The continuation of the accessory use does not preclude replacement and modification from time to time of obsolete, inefficient, and/or nonfunctional equipment and modernization, including, but not limited to, an increase in hourly production, provided the annual production is not increased;

(iv)

Reclamation of the excavation site subject to the Quarry Excavation Permit, less the area occupied by the accessory use, shall be completed or shall be initiated prior to or simultaneously with the approval of the application for Revision of Approved Actions and shall be completed within two (2) years of the commencement of the reclamation process;

(v)

The area occupied by the accessory use shall be reclaimed within the time permit required by the Revision of Approved Actions, and if there is no such time period requirement in the Revision of Approved Actions, the reclamation process shall be completed within two (2) years of the expiration of the Revision of Approved Actions or within two (2) years of the time that the accessory use ceases to be operated or utilized, whichever comes first;

(vi)

The term of the Revision of Approved Actions allowing continuation of the accessory use shall be determined by an amortization schedule based upon the projected useful life of the accessory use. The term of the Revision of Approved Actions shall not exceed thirty (30) years from the date the Revision of Approved Actions is approved;

(vii)

The continuation of the accessory use will not significantly affect the condition of the site; and

(viii)

The continuation of the accessory use complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director of the Community Development Department.

(B)

Review. If a Revision of Approved Actions is approved pursuant to Subsection (1)(A) of this Section, the site and the accessory use shall continue to be subject to any and all reviews required by the Surface Mining

and Reclamation Act. Additionally, should the Revision of Approved Actions require, the Director of the Community Development Department shall review the Revision of Approved Actions, the site, and the accessory use annually or in accordance with any time period specified in the Revision of Approved Actions to determine if the criteria, as set forth in Subsection (1)(A), are being met.

(2)

Owner-Operator Truck Parking as an Accessory Use. Truck parking as an accessory use in an Agricultural zone is permitted with an Administrative Use Permit subject to the following conditions:

(A)

The proposed site for the truck parking is at least three acres in size for one truck and one or two trailers or at least five acres for two trucks and up to four trailers.

(B)

The site fronts on a County-maintained road with a minimum 20-foot width of pavement.

(C)

The owner-operator of the truck(s) must live on the site.

(D)

A minimum 10-foot wide setback shall be maintained between the project site and adjacent properties. If a residence is located on an adjacent parcel within 100 feet of the project site, the setback distance shall be increased to 20 feet.

(E)

All truck parking spaces and major circulation drive lanes shall be surfaced and permanently maintained with all-weather surfacing.

(F)

Only one accessory structure may be permitted for maintenance and repair of the permitted trucks and trailers.

(d)

Temporary Uses and Structures. Temporary uses and structures permitted, not permitted, and allowed with a Temporary Use Permit are set forth in Table 9-203.020-3 and Section 9-409.450, Temporary Uses. Accessory uses and structures not specifically listed in Table 9-203.020-3 may be allowed by the Zoning Administrator, subject to the requirements of Section 9-804.080, Temporary Use Permits.

TABLE 9-203.020-3: TEMPORARY USES & STRUCTURES IN AGRICULTURAL ZONES

P = Permitted Use (Building Permit may be required); T = Temporary Use Permit required; Z = Zoning Compliance Review required; A = Administrative Use Permit by Zoning Administrator; C = Conditional Use Permit by Planning Commission; SPP = Special Purpose Plan required; L# = Numbered limitation at end of table; "-" = Not permitted

(e)

Additional Use Regulations. In addition to the provisions of Sections 9-203.020(a) through 9-203.020(c), the following Special Use Regulations shall apply to the uses or use types specified below:

(1)

Commercial Cannabis Uses. The following special use regulations shall apply:

(A)

Cultivation-Locational Criteria. Parcels located in the General Agriculture (AG) Zone shall be located no more than 2,000 feet from a major intersection or arterial road as measured from the closest edge of the parcel to the closest edge of the major intersection or arterial road. A parcel may be located more than 2,000 feet from a major intersection or arterial road if the following are found to be true:

(i)

There is sufficient ease of access from the proposed parcel to an arterial road;

(ii)

There is sufficient access for emergency vehicles; and

(iii)

The Cultivator License applicant demonstrates that the premises can be secured to the satisfaction of the County.

(B)

Distribution. For any operation allowed pursuant to a Distributor License in the AG Zone, a Distributor License and Cultivator License shall be required pursuant to Title 4 for the same lot.

(C)

Manufacturing. For any operation allowed pursuant to a Manufacturer License in the AG Zone, a Manufacturer License and Cultivator License shall be required pursuant to Title 4 for the same lot.

(2)

Development in General Plan-Designated Open Space/Conservation Areas. See Section 9-706.050, Open Space/Resource Conservation Areas.

(3)

Equipment Sales, Repair, and Storage—Leisure, Storage. The following special use regulations shall apply to projects in the AG, AL, AU zones:

(A)

Cannot be located on land designated as prime farmland or under a Williamson Act contract.

(B)

The site fronts a public maintained highway or highway frontage road with a minimum 20-foot width of pavement, or within 500 feet of an approved Recreation facility site along a road with a minimum 20-foot width of pavement.

(C)

Only one accessory structure may be permitted.

(D)

A minimum 10-foot-wide setback shall be maintained between the project site and adjacent properties. If a conforming residence is located on an adjacent parcel within 100 feet of the project site, the setback distance shall be increased to 20 feet.

(4)

Expansion of Existing Uses in the Agricultural Urban Reserve Zones. Existing uses in the Agricultural Urban Reserve (AU) Zone that are consistent with the General Plan may be expanded or changed to other uses that are consistent with the General Plan. If the use is inconsistent with the General Plan, the expansion requires an Administrative Use Permit.

(5)

Explosives Handling. A Conditional Use Permit may be approved for Explosives Handling provided the standards of Section 9-409.210, Explosives Handling, are met and the following findings are made in addition to the required findings in Section 9-804.050, Required Findings:

(A)

The nature of the materials processed and the operational characteristics of the use require a location outside of an urban area as designated on the General Plan.

(6)

Industrial Hemp Production. The following standards shall apply to the cultivation of industrial hemp for commercial and research purposes in the zones where this use type is allowed; see Table 9-203.020-1.

(A)

A person cultivating industrial hemp shall design and construct improvements on the parcel to be used for cultivation in a manner that minimizes impacts, which may include, but are not limited to odor and pollen drift to surrounding areas.

(B)

The minimum size parcel upon which a person cultivating industrial hemp for commercial purposes may cultivate is 20 acres (five acres in the AL Zone).

(C)

Outdoor industrial hemp cultivation in the County shall meet the following setback requirements:

(i)

100 feet from the lot line, unless the hemp cultivation area is adjacent to a hemp cultivation area that is under the legal control of the same owner;

(ii)

1,000 feet from any lot containing a sensitive receptor;

(iii)

200 feet from any residential dwelling unit on an adjacent lot; and

(iv)

200 feet from the lot line of any residentially-zoned land.

(D)

In the AG and AI Zones, indoor cultivation of industrial hemp is limited to the cultivation of hemp transplants, or seed production in a structure dedicated solely to the cultivation of nursery stock. All other indoor cultivation of industrial hemp is prohibited.

(E)

In the AL Zone, indoor cultivation of Industrial Hemp transplants is allowed if:

(i)

There is a pre-existing wholes nursery sales facility on the site;

(ii)

There are no flowering hemp plants of any kind; and.

(iii)

Any mother plant used for the production of hemp transplants that reaches the flowering stage is destroyed in a manner approved by the Agricultural Commissioner.

(F)

In the AG and AI Zones, structures used for indoor cultivation of hemp must meet the following setback requirements:

(i)

50 feet from front, side, and rear lot lines unless the adjacent parcel is under the same ownership in which case the standard setback for the AG Zone is required;

(ii)

1,000 feet from any parcel containing a sensitive receptor; and

(iii)

100 feet from any residential dwelling.

(G)

In the AL Zone, a 30-foot setback from side and rear lot lines must be provided for transplant production unless the adjacent parcel is under the same ownership or control, in which case the standard setbacks for the AL Zone are required.

(7)

Outdoor Sales. See Section 9-409.340.

(8)

Outdoor Storage. Outdoor storage of heavy equipment used for agricultural activities on-site is permitted in the I-W and I-G Zones.

(9)

Protection of the Delta Primary Zone. See Section 9-706.060. Protection of the Delta Primary Zone.

(10)

Truck Services in the AI Zone. Truck Services, Parking and Truck Services, Sales and Repairs may be permitted in the AI zone subject to the following standards:

(A)

Truck Parking may be permitted with a Zoning Compliance Review provided the number of combined truck and trailers is 25 or less and any proposed office space is less than 1,000 square feet in size. For projects exceeding either of these limits, Administrative Use Permit shall be required.

(B)

Truck Sales may be permitted with a Zoning Compliance Review provided the maximum building space proposed with the facility is 12,500 square feet or less. For projects exceeding this limit, an Administrative Use Permit shall be required.

(C)

When both Truck Parking and Truck Sales and Repair uses are proposed on the same site, the level of review shall be determined by the Zoning Administrator and the Director of Public Works.

(D)

A minimum ten-foot-wide setback shall be maintained between the project site and adjacent properties. If a residence is located on an adjacent parcel within 100 feet of the project site property line, the setback distance shall be increased to 20 feet from the property line.

(E)

A minimum six- to eight-foot-tall screen shall be installed along the property line adjacent to truck or trailer parking. Screening may consist of a masonry wall or any solid fencing approved by the Zoning Administrator.

(F)

All maneuvering areas shall be surfaced with all- weather material, as defined and approved by the San Joaquin County Fire Chief's Association. Storage areas for trucks and trailers may be surfaced with gravel or a higher classification surfacing material.

(G)

The first 20 feet of any project driveway shall be surfaced with asphalt concrete or Portland cement concrete to ensure public roadways will be free from debris.

(H)

Traffic Impact Mitigation Fees and Regional Transportation Fees shall be required. These fees are due and payable prior to issuance of a grading or building permit and prior to operation.

(I)

Water Supply Facilities Impact Mitigation Fees shall be required if the project is located within an established Area of Benefit. This fee is due and payable prior to issuance of a grading or building permit and prior to operation.

(J)

An encroachment permit shall be required for all work within the County, City, or Caltrans right of way. The driveway approach shall be improved in accordance with the requirements of the County, City or Caltrans standards prior to operating.

(K)

Storm drainage facilities shall be in accordance with this Title and the County's Improvement Standards.

(L)

If the project site falls within a National Pollutant Discharge Elimination System (NPDES) Phase 1 or Phase 2 regulated area, the project shall comply with the NPDEDS requirements. Calculations shall be submitted and approved by the Department of Public Works—Water Resources Division prior to issuance of a building permit, grading permit, and improvements shall be completed prior to operating.

(11)

Truck Parking in the AL Zone. The Truck Services, Parking Use Type may be conditionally permitted in the AL Zone with an approved Administrative Use Permit subject to the following conditions:

(A)

The trucks are limited in use to hauling agricultural products for the owner and/or third party(s);

(B)

Service of trucks and trailers at the site is limited to routine maintenance;

(C)

The site is located no more than one-half (½) mile from an existing frontage road and no more than one (1) mile from a highway interchange at State Route 99; and

(D)

The parcel size shall be a minimum of five (5) acres.

(Ord. No. 4623, §§ 11—13, 5-2-2023; Ord. No. 4632, § 6, 9-26-2023; Ord. No. 4671, §§ 15—18, 5-13-2025; Ord. No. 4683, § 7, 12-9-2025)