9-203.030 - DEVELOPMENT STANDARDS

Table 9-203.030 prescribes the development standards for Agricultural zones. The numbers in each illustration refer to corresponding regulations in the "#" column in the associated table.

TABLE 9-203.030: DEVELOPMENT STANDARDS & AGRICULTURAL ZONES[1]

Notes:

1. For homesite parcels, the minimum lot width shall be 150 feet.

2. See Section 9-400.050, Exceptions to Height Limits.

3. For parcels containing 20 or more acres, there shall be no maximum height for dwellings, and the minimum setback from all lot lines for dwellings over 40 feet in height shall be a minimum of 50 feet.

4. If an accessory building includes habitable space on the second floor, the maximum height maybe increased not to exceed 40 feet. Additions to existing accessory buildings with nonconforming setbacks that include an Accessory Dwelling Unit must meet the minimum Accessory Dwelling Unit setbacks. For Accessory Dwelling Unit standards, see Section 9-409.020

5. The minimum setback from all property lines for dwellings over 40 feet in height with an approved variance or waiver shall be twice the maximum height of the dwelling.

6. Setbacks for yards shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the General Plan or applicable Specific Plan or Master Plan.

7. If a setback reduction is applied for and granted, screening may be required pursuant to Section 9-400.040.

(a)

Lot Area and Width; Exceptions.

(1)

Lot Area. Lots and homesite parcels in the Agricultural zones shall have the minimum areas set forth in Table 9-203.030 with the following exceptions:

(A)

Homesite Parcels. Homesite parcels may be approved in any agricultural zone, provided that:

(i)

Not more than one homesite parcel may be created from an existing parcel; however, under no circumstances shall the number of parcels resulting from the division exceed the maximum number of parcels permissible under the General Plan density. Lots must meet the minimum lot sizes prior to application for a homesite parcel:

1.

AG Zone: 40 acres;

AL Zone: 10 acres; and

3.

AU Zone: 40 acres with an underlying AU/R General Plan designation and 20 acres for all other General Plan designations.

(ii)

The homesite parcel shall contain two to five acres, and at least one of the property owners shall have owned the property for a minimum of 10 years prior to filing an application to create a homesite parcel. A homesite parcel created from property under Williamson Act contract shall also comply with Section 66474.4 of the Government Code, including that homesite parcel must have contained a residence for a minimum of five years prior to the filing of the application.

(iii)

A Minor Subdivision application proposing the creation of a homesite parcel from an existing parcel shall not be approved if it would adversely affect agricultural operations, as determined by the Zoning Administrator.

(iv)

If a Minor Subdivision application is approved, the homesite parcel which is created shall not be transferred for a period of 10 years following the date of approval or upon the death of an owner unless the homesite parcel and the remainder parcel are merged.

1.

For applications converting a financing homesite parcel to a standard homesite parcel, the 10-year period shall be counted from the date of approval of the financing homesite parcel.

2.

In determining how many homesite parcels have been created from an existing parcel, all homesite parcels shall be counted that were created from an existing parcel as of December 13, 2016, the date of the adoption of the General Plan.

3.

On properties under a Williamson Act contract, there must be at least 10 years between the creation of a homesite parcel prior to December 13, 2016, and a homesite parcel created after this date.

(v)

After the creation of a homesite parcel under this subsection, no further homesite parcels may be created on the remainder parcel except for financing purposes as set forth below, or when the remainder parcel has first been further divided into parcels meeting the zone minimum.

(vi)

Required Notice. Approved homesite parcels and remainder parcels shall have a notice recorded by separate instrument concurrently with the parcel map to indicate the restrictions specified in that subsection. A note shall also be placed on the parcel map indicating these restrictions with a reference to the instrument number of the recorded notice. The restrictions specified in this subsection shall terminate if the subject property is reclassified to a Non-agricultural zone or to an Agricultural zone with a five-acre minimum lot size.

(B)

Financing Homesite Parcels. Homesite parcels created for financing purposes only may be approved in all agricultural Zones, provided that:

(i)

Neither the homesite parcel nor the remainder parcel may be voluntarily transferred separately from the other parcel; however, if an institutional lender forecloses on either parcel, then either parcel may be transferred separately in accordance with the power of sale provisions contained in the deed of trust;

(ii)

Upon repayment of the loan, the owner of the homesite parcel shall merge the homesite parcel with the remainder parcel, as provided for in this Title. Exceptions apply if the owner of the homesite parcel acquired the homesite parcel through a foreclosure action, the owner refinances the loan, of the owner applies for a homesite parcel;

(iii)

The remainder parcel shall remain a non-buildable site for a primary dwelling unit; and

(iv)

All homesite parcels created for financing purposes shall contain two to five acres.

(v)

Required Notice. Approved financing homesite parcels and remainder parcels shall have a notice recorded by separate instrument concurrently with the parcel map to indicate the restrictions specified in that subsection. A note shall also be placed on the parcel map indicating these restrictions with a reference to the instrument number of the recorded notice. The restrictions specified in this subsection shall terminate if the subject property is reclassified to a non-agricultural zone or to an agricultural zone with a five-acre minimum lot size.

(C)

Lots for Certain Specified Uses. Lots containing less area than the minimum required in Table 9-203.030 may be created for the purpose of providing a separate lot for an existing use or a use granted by an Administrative Use Permit or a Conditional Use Permit in the AG Zone, subject to the following conditions:

(i)

The existing use, or a use granted by a permit, is classified under one or more of the following use types:

1.

Agricultural Aerial Services;

2.

Agricultural Industry;

3.

Agricultural Recycling Facilities; Agricultural Sales;

4.

Agricultural Warehousing;

5.

Animal Feeding and Sales;

6.

Animal Care, Sales, and Services - Large Animal;

7.

Assembly;

8.

Farm Machinery Sales or Repair:

9.

Marinas;

10.

Nursery Sales and Landscaping Services;

11.

Park;

12.

Public Safety Facility;

13.

Recreation Facilities;

Stables; or

15.

Utilities.

(ii)

The lot to be created will be reduced to the least area required to conduct the operation;

(iii)

The remainder parcel shall meet the minimum lot area requirements specified in Table 9-203.030;

(iv)

An Accessory Dwelling Unit may be allowed on such resulting parcels only as an accessory use; and

(v)

The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract.

(D)

Dwellings on Same Parcel. Two lots, each containing one Single-Unit Dwelling and each consisting of less area and/or width than required in Table 9-203.030, may be created from an original parcel for the purpose of providing a separate lot for each dwelling, subject to the following conditions:

(i)

The Single-Unit Dwellings were erected prior to February 9, 1961; and

(ii)

The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract.

(E)

Lot-Size Averaging. Lots containing up to 10 percent less area than the minimum area required in Table 9- 203.030 may be created from an original parcel, subject to the following conditions:

(i)

The overall average lot area of the proposed subdivision is equal to or greater than the minimum area required in Table 9-203.4; and

(ii)

The proposed subdivision complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract.

(2)

Lot Width Exceptions. Lots within Agricultural zones shall not have a width less than that set forth in Table 9-203.030, except that:

(A)

Homesite Parcels and Financing Homesite Parcels. Homesite parcels may have a minimum width of 150 feet, measured at the front yard setback, and not including the portion of a flag lot used solely for a driveway.

(3)

Major or Minor Subdivision. The lot width of individual lots in a Major or Minor Subdivision may be reduced to 90 percent of the minimum lot width required by Table 9-203.030, provided the average lot width for all lots in the proposed subdivision shall be equal to or greater than the minimum lot width required.

(b)

Yard Exceptions. Yards within Agricultural zones shall have the minimum depths set forth in Table 9- 203.030 except as modified below:

(1)

Reduction of Required Yards. Required yards may be reduced as follows:

(A)

If a lot has less width than the required width specified in Table 9-203.030, the side yard or street side yard may be reduced to 10 percent of the width of the lot, provided the side yard is not less than four feet in width and the street side yard is not less than 10 feet in width.

(B)

If a lot is less than 75 feet in width, the street side yard may be reduced to 10 feet in width.

(2)

Structures within Required Yards. The following structures may be located in or extend within required yards, subject to the provisions specified:

(A)

Architectural features, subject to the provisions of Chapter 9-400, General Site Regulations;

(B)

Screening, including fences and gates, subject to the provisions of Sections 9-400.040, Fencing and Screening, and 9-400.050, Screening of Equipment;

(C)

Structures adjacent to and associated with railroad spurs.

(c)

Height. Buildings and structures within Agricultural zones shall not exceed the heights set forth in Table 9- 203.030 except as provided by Chapter 9-400, General Site Regulations; screening devices, including fences, gates, and gateposts, shall comply with the height requirements specified in Sections 9-400.040, Fences and Screening.

(Ord. No. 4623, § 14, 5-2-2023; Ord. No. 4632, § 7, 9-26-2023)

Chapter 9-204 - Airport, Mixed Use, and Public Facilities Zones

Sections: