§ 8107-26

Health and Safety Code section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development and use of employee housing. The purpose of this Section is to promote the development of, and to establish development standards for, employee housing consistent with state law. If any provision in this Chapter conflicts with the mandates of the Employee Housing Act as it relates to employee housing, the provisions of the Employee Housing Act shall govern.

(Ord. No. 4596, § 3, 3-1-2022)

Employee housing that accommodates six (6) or fewer employees, pursuant to Health and Safety Code section 17021.5, shall be considered a single-family structure and residential use of property under this Chapter and is subject to the following:

a.

A lot with an existing single-family dwelling is not eligible for development of new employee housing with a zoning clearance for six (6) or fewer employees if applicable zoning does not allow two (2) single-family dwelling units on the subject lot.

b.

Employee housing for six (6) or fewer employees shall comply with the setback, lot coverage, height, and other development standards applicable to a single-family dwelling on the subject lot.

c.

No additional development standards other than those applicable to a single-family dwelling apply to an employee housing unit for six (6) or fewer employees.

d.

Use of a single-family dwelling for purposes of employee housing serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of Health and Safety Code section 17910 et seq. (the State Housing Law) or local building codes.

e.

Within thirty (30) days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the employee housing is current and valid.

(Ord. No. 4596, § 3, 3-1-2022)

All agricultural employee housing shall comply with the setback, building lot coverage, height, and other development standards applicable to the underlying zone in which it is located, and the following development standards, unless otherwise indicated in this Section 8107-26.3.

a.

For the purposes of this Section, "agricultural employees" shall have the same meaning as defined in section 1140.4(b) of the Labor Code, as may be amended, which includes those engaged in "agriculture" as such term is defined in section 1140.4(a) of the Labor Code. Pursuant to Labor Code section 1140.4(a), "agriculture" means farming in all its branches, including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.

b.

Agricultural employee housing may be developed and maintained for the purpose of providing permanent, seasonal or temporary employee housing.

c.

Agricultural employee housing 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, or that is approved pursuant to section 17021.8 of the Health and Safety Code, shall not be deemed a land use under this Chapter that implies that such housing is an activity that differs in any other way from an agricultural land use.

d.

Agricultural employee housing that consists of four (4) or fewer dwelling units is permitted with a zoning clearance provided that each dwelling unit does not exceed one thousand eight hundred (1,800) square feet in gross floor area.

e.

All other agricultural employee housing may be allowed with a Planning Director-approved Planned Development Permit except that agricultural employee housing that meets the criteria specified in Health and Safety Code section 17021.8, as may be amended, shall be allowed with a zoning clearance.

f.

Agricultural employee housing shall comply with the same general requirements set forth in Section 810741.3.1(a) through (d) of this Chapter that apply to agricultural worker housing.

g.

Agricultural employee housing designed as housing complexes shall meet the development standards set forth in Section 8107-41.3.3, and those designed as group quarters shall meet the development standards set forth in Section 8107-41.3.4.

h.

Agricultural employee housing may, but is not required to, be developed or provided by the employer, or located on the same lot where the qualifying agricultural work is being performed.

i.

Within thirty (30) days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the agricultural employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the agricultural employee housing is current and valid.

j.

Deed Restriction. Within thirty (30) days after receiving approval for permanent or seasonal employee housing from the Planning Division, and before issuance of the final zoning clearance, the applicant shall record with the County Recorder, a deed restriction in a form approved by the County that runs with the land on which the agricultural employee housing is located declaring that:

1.

The agricultural employee housing will continuously be maintained in compliance with this Section 8107-26 and all other applicable sections of this Article; and

2.

The applicant will obtain and maintain, for as long as the agricultural employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.

3.

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

k.

Signed Affidavit for Temporary Employee Housing. Within thirty (30) days after receiving approval for temporary employee housing from the Planning Division, the applicant shall submit a signed affidavit, in a form approved by the County, affirming that:

1.

The agricultural employee housing will only be used as temporary employee housing; and

2.

The applicant will obtain and maintain, for as long as the temporary employee housing is operated, the appropriate permit(s) from HCD pursuant to the Employee Housing Act and the regulations promulgated thereunder.

(Ord. No. 4596, § 3, 3-1-2022; Ord. No. 4618, § 4, 7-25-2023)

HCD is the enforcement agency for purposes of the Employee Housing Act and is responsible for, among other things, issuing permits to operate, conducting inspections of employee housing prior to and during occupancy, and investigating complaints of violations of the Employee Housing Act and its implementing regulations.

While the County does not enforce the requirements of the Employee Housing Act, the County retains its enforcement authority over its land use permits and related conditions of approval, including as follows:

a.

Violations of Sections 8107-26.2 and 8107-26.3 may be enforced pursuant to Article 14 of this Chapter or through any other available legal means.

b.

Any civil administrative penalties collected pursuant to Section 8114-3.7 of this Chapter for violations of Section 8107-26 et seq. of this Chapter, shall be deposited in a farmworker housing fund account for exclusive use by the County to fund rehabilitation and/or construction of farmworker housing.

c.

In addition to all other available enforcement and legal remedies, the County 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 employee housing or based on other violations of Section 8107-26 et seq.

(Ord. No. 4596, § 3, 3-1-2022)