§ 8107-41

The owner or lessee of the property, property management company, and/or designated agent of the owner or lessee, shall submit any applicable County-required verification fees as established by resolution of the Board of Supervisors, and an annual employment verification declaration, no later than May 15th of each year to the Planning Director or designee, in a form acceptable to the Planning Director, to verify that all the dwelling units or sleeping quarters in the agricultural worker housing are occupied by persons who meet the employment criteria established in Section 8107-41.2.2 above. For purposes of this Section 8107-41.2.3, permanent agricultural worker 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 or animal caretakers during the preceding calendar year;

b.

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

c.

Provide proof of qualifying employment for occupants of agricultural worker housing, upon request by the County, by using a combination of at least two (2) of the documents as listed in Section 8107-41.2.2(f).

(Ord. No. 4596, § 3, 3-1-2022)

a.

The provisions of Sections 8107-41.2.2 and 8107-41.2.3 of this Chapter 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 Sections 8107-41.2.2 and 8107-41.2.3 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 8107-41 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 agricultural worker housing units, or based on other violations of Section 8107-41 et seq.

(Ord. No. 4596, § 3, 3-1-2022)

All agricultural worker housing shall comply with the setback, building 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 Section 8107-41.3.

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

8107-41.3.1 - General requirements.

a.

New agricultural worker 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.

Agricultural worker housing shall not be located on areas utilized for active crop production on the parcel, unless approved with a Planned Development Permit.

c.

New agricultural worker 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 (see definition of "luminaires, essential"); all exterior lights shall be directed downward and fully shielded from streets and any off-site residences.

(Ord. No. 4596, § 3, 3-1-2022)

8107-41.3.2 - Permitting standards for farmworker and animal caretaker dwelling units.

Farmworker dwelling units and animal caretaker dwelling units are subject to the following development standards:

a.

Farmworker and animal caretaker dwelling units may be permitted with a zoning clearance if the maximum number of allowable units does not exceed the limits listed below in Table 8107-41.1 for that lot.

b.

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

c.

New farmworker and animal caretaker 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.

Farmworker or animal caretaker dwelling units not meeting the above criteria (a, b or c) may only be approved with a Planning Director-approved Planned Development Permit.

(Ord. No. 4596, § 3, 3-1-2022)

8107-41.3.3 - Standards for farmworker housing complexes.

Farmworker housing complexes shall be subject to the following development standards:

a.

Minimum Parcel Size. A farmworker housing complex is allowed on a parcel with a minimum parcel size as noted below:

1 Farmworker housing complexes may be allowed on parcels of less than the prescribed minimum parcel size on land zoned AE pursuant to Sec. 8103-2.7.

b.

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

c.

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

d.

Open Space Requirements. When the development includes more than twelve (12) units, recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the following standards:

1.

The development shall be landscaped pursuant to Sections 8106-8.2.2, 8106-8.2.3, and 8106-8.2.8 of this Chapter. Section 8106-8.2.7 shall apply to any parking areas containing manufactured slopes.

2.

All recreational areas and landscaping shall be installed prior to occupancy of the final unit within the complex. Landscaped areas shall be maintained.

3.

Outdoor Common Area.

(a)

At least twenty (20) percent of the area set aside for housing shall be outdoor common area.

(b)

At least fifty (50) percent of the area designated as outdoor common area shall be comprised of land with slopes of ten (10) percent or less.

(c)

Agricultural worker housing shall include recreational areas developed for use with activities such as for baseball, basketball, soccer or horseshoes. Farmworker housing complexes intended for families shall also include children's play equipment.

(d)

Permittee shall be responsible for the maintenance of all outdoor common areas.

4.

Outdoor Private Area. Outdoor private area shall be provided for each unit in the development in the form of outdoor patios, decks and/or balconies and shall be directly and exclusively accessed by the unit it is intended to serve.

(a)

Ground Floor Units. Private outdoor areas must be at least eighty (80) square feet per unit and all dimensions must be at least eight (8) feet.

(b)

Upper-Level Units. Private outdoor areas shall be provided as balconies or loggias, and must be at least forty (40) square feet per unit, with a minimum five-foot depth dimension.

e.

Amenities. Farmworker housing complexes may include community centers for the primary benefit of the residents.

(Ord. No. 4596, § 3, 3-1-2022)

Farmworker group quarter 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 are generally designed as a combination of sleeping rooms or bunk beds and may include a shared kitchen, mess hall and bathroom facility. This type of agricultural worker housing is designed for, and may only be occupied by, individual farmworkers and not their families; and may, but is not required to, be owned or managed by an entity or organization. Farmworker group quarters are subject to the following additional standards:

a.

Minimum lot size. Farmworker group quarters shall be located on lots with a minimum area of five (5) acres.

b.

Minimum unit size. For dormitory-style housing, a minimum of fifty (50) gross square feet of personal living space shall be required for each occupant.

c.

Setbacks. Farmworker group quarters shall adhere to the following setbacks:

d.

Open Space Requirements. When farmworker group quarter facilities house more than thirty-six (36) persons, recreational facilities and open space shall be provided for the benefit and recreational use of the residents in accordance with the standards listed in Section 8107-41.3.3(d)(1), (2) and (3) above.

e.

Accessory Uses and Structures. The following accessory uses and structures are allowed for farmworker group quarter facilities if specifically authorized by the Planning Director-approved Planned Development Permit. Such accessory uses and structures must be located either in a single community building or in a permitted location outdoors, and such uses and structures may not be used by the general public:

1.

Food service for residents of the group quarters, which may include kitchen facilities and a dining hall;

2.

Laundry facilities for residents of the group quarters;

3.

Enclosed storage facilities for each resident or dwelling unit;

4.

Facilities primarily used to provide residents of the group quarters with information regarding and referral to employment, social and community, education, health and other services.

(Ord. No. 4596, § 3, 3-1-2022)

8107-41.3.5 - Standards for farmworker and animal caretaker temporary trailers.

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.

a.

Permit Type and Requirements. A qualifying temporary trailer shall be permitted with a zoning clearance, 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 12-month period pursuant to the following:

1.

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.

2.

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.

3.

In addition to meeting all ministerial zoning clearance permit 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.

4.

The limited term trailer permit application shall include applicable County fees in accordance with the Boardadopted fee schedule, for a permitting and monitoring program to be conducted by the Resource Management Agency.

5.

After the issuance of a zoning clearance authorizing use of the temporary trailer as housing for seasonal or temporary farmworkers or animal caretakers under this Section 8107-41.3.5, all electrical and plumbing connections to the trailer(s) must be approved and inspected by the Building and Safety Division prior to occupancy of the trailer.

6.

The Planning Director or designee 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.

b.

General Requirements.

A maximum of one (1) 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 (as defined in subsection (5) below), and that is either self-propelled, truckmounted, 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 12-month period, unless the permit is extended pursuant to Section 8107-41.3.5(a)(6) above.

4.

The maximum size of a temporary trailer occupying a space on the lot shall be three hundred twenty (320) 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" as the term is used in this Section 8107-41.3.5 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 for sanitation purposes 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 (1) of the following means:

i.

Through a connection to an existing sewer utility connection; or

ii.

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 permitted by the Environmental Health Division. The permittee shall provide proof of such regular wastewater disposal service, in the form of a contract or receipts, to the Planning Division or Environmental Health 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 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 consistent with Section 8107-1.6.4 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 compliance with the open storage regulations in Section 8107-1.6.4. A temporary trailer stored on site shall be covered when not in use.

c.

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 (6) feet 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 (15) percent or where grading would result in slope heights greater than ten (10) feet and steeper than 2:1.

4.

One (1) picnic table, and a grill or campfire ring may be provided on a level, landscaped front yard area.

(Ord. No. 4596, § 3, 3-1-2022)

8107-42 - Stand alone batch plants. 8107-42.1 - Purpose and intent.

The purpose of this section is to allow the continuation of existing batch plants near urban areas as a principal, conditionally permitted use when all mining adjacent to or at the plant site has ceased due to exhaustion of mineral resources. These batch plants serve established urban centers from sites that are configured for such uses. Allowing for their continued use through this section provides a practical public benefit by providing aggregate resources without any new, adverse environmental impacts at different locations. Further, this section establishes reasonable and uniform development standards for the configuration and operation of batch plants continuing after mining operations have terminated that are intended to minimize the plants' impact on resources and neighboring uses and allows for the batch plant facilities to be repaired, remodeled, replaced or modernized, in whole or in part, to improve efficiency, reliability, and safety in the operation of the facility.

(Add Ord. 4289—6/24/03)