HomeMy WebLinkAboutMINUTES - 04191994 - IO.1 To: BOARD OF SUPERVISORS sE.L Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
C, 6
County
DATE: March 28, 19'9 4 ^.;,:� u.
SUBJECT:
�_`'
c u.
SUBJECT: REPORT ON THE. DEVELOPMENT OF AN AGRICULTURAL SOILS TRUST FUND
AND AUTHORIZED USES IN A-20 AND A-40 DISTRICTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . DIRECT County Counsel and the Community Development Director
to resolve the legal details of forming either a land trust or
an agricultural preservation district as a mechanism to
administer an Agricultural Soils Trust Fund for the
Agricultural Core area, as defined on the County General Plan
land use map.
2 . DIRECT the Community Development Director to work on the
following tasks and provide an additional report on these
tasks to the Internal Operations Committee in three months :
• Prepare a detailed parcel map of the Agricultural Core
area which will identify the geographic range for which
the trust or preservation district has jurisdiction.
• Prepare another map which identifies existing property
boundaries, common ownership and the range of
agricultural uses which may occur on these properties
over a calendar year.
• Identify the various means by which the trust or
preservation district might secure property for long-term
agricultural use (e.g. , the purchase of property in fee;
use of conservation easements; acceptance of gifts or
donations; or other mechanisms which may be identified) .
• Develop a set of preliminary policies and criteria which
might be used in setting priorities for the use of funds
for land/property rights acquisitions the trust or
preservation district might make.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUN ADM I TR TOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE O H
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED ' OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCH OR.CLERK OF THE BOARD OF
cc: See Page 3 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
I `
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• Develop, in conjunction with the County Counsel 's Office,
a proposed definition for a "land trust" and for an
"agricultural preservation district" .
• Consider the possibility of convening a panel of
appraisers which would be brought in to discuss ways to
value future development rights .
• Consider consulting with agricultural economists at the
University of California - Davis on ways to value future
development rights .
• Explore the possible use of various types of investment
instruments which might be used as a mechanism for
purchasing future development rights and outline for the
Internal Operations Committee how this might work.
• Outline for the Internal Operations Committee, in
conjunction with the County Counsel ' s Office, the
advantages and disadvantages of having the Board of
Supervisors remain in control of the trust or
preservation district, as opposed to creating an
independent entity which would operate the trust or
preservation district.
3 . DIRECT the Community Development Director to prepare a staff
report for presentation to the Board of Supervisors which
amends the A-40 District to permit all uses now permitted in
the A-20 District, plus those uses identified in the attached
staff report as staff recommendations .
BACKGROUND:
On March 8, 1994 , the Board of Supervisors approved a report from
our Committee, which included the following directions to staff:
4 . ACCEPT the attached staff memorandum report on the
Agricultural Soils Trust Fund and direct staff from the
Community Development Department to report to the Internal
Operations Committee on March 28, 1994 on the structure and
function of an Agricultural Soils Trust Fund.
5 . DIRECT staff from the Community Development Department to
report to the Internal Operations Committee on March 28, 1994
on those actions which are necessary in order to modify the
provisions of the A-40 zoning to enhance the economic
viability of agriculture and to comment on whether such a
change would be consistent with the General Plan, as the Board
directed on January 25, 1994 .
On March 28, 1994, our Committee met with Val Alexeeff, Director of
the Growth Management and Economic Development Agency; Dennis
Barry, Deputy Director of the Community Development Department; Vic
Westman, County Counsel; Jim Gwerder of Citizens Land Alliance;
David Bowie, an attorney representing east county farmers; and Joe
Brenkle, a property owner and rancher in the Alhambra Valley area.
We received and review two staff reports, one on the development of
an Agricultural Soils Trust Fund and the other on permitted uses in
the A-40 District. These reports are attached for the Board' s
information.
In regard to the question of whether a land trust or agricultural
preservation district should be governed by the Board of
Supervisors or an independent entity, Supervisor Smith indicated a
preference to make the governing body as independent from the Board
of Supervisors as possible to avoid any possible conflict of
interest problems or perceptions resulting from the Board of
Supervisors making decisions to purchase development rights in the
Agricultural Core while at the same time making land use decisions
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regarding these same lands . Mr. Westman indicated that he felt
any potential or actual conflicts of interest could be resolved
satisfactorily. Mr. Bowie agreed with this position and Mr.
Alexeeff noted that this area of the law has been reviewed
repeatedly from a planning and land use perspective.
Mr. Bowie indicated that how land in the Agricultural Core is
valued for purpose of purchasing development rights will become a
key issue. He suggested that the land should be valued on the
basis of one residence per ten acres .
Supervisor McPeak suggested that the Board of Supervisors will need
to set out some criteria for how the limited funds which will be
available will be used in purchasing development rights . She also
suggested that since the valuation of the properties will be a
critical issue, the County might want to convene a panel of
appraisers who could suggest some ways in which future development
rights can be valued. She also suggested that the County staff
consult with agricultural economists from U.C. -Davis .
Finally, Supervisor McPeak suggested that the staff look into the
possibility of some investment instruments like bonds, which could
be used to leverage the available funds as a mechanism for
purchasing future development rights . Mr. Bowie indicated that he
would be happy to do some additional research into the ways in
which such investment instruments could be used.
Mr. Westman indicated that at some point we will need to define the
terms "land trust" and "agricultural preservation district" so
everyone knows precisely what these terms mean when we use them.
In regard to the permitted uses in the A-40 District, Mr. Barry
reviewed his March 24, 1994 report with our Committee. Mr. Barry
noted that since a consistency finding is required for each Land
Use Permit to demonstrate that the terms of the Land Use Permit
will be consistent with the General Plan, the consistency question
is premature.
Our Committee reviewed each of the suggested staff recommendations
regarding additional uses which should be permitted in the A-40
District and find each to be appropriate. Mr. Brenkle suggested
that the use of ranch land like his for composting or sludge be
considered a permitted use. Mr. Alexeeff noted that turning such
land into a solid waste disposal facility is not going to be
permitted. The only circumstances under which such dumping would
be permitted is where the material is being added to the land to
improve the quality of the soil and not simply as an alternative to
hauling the material to an appropriate solid waste disposal
facility. Supervisors Smith indicated that under these
circumstances such dumping is already possible and therefore there
is no need to amend the A-40 District permitted uses . Mr. Bowie
suggested a general statement to the effect that any use which is
authorized by the Planning Commission be a permitted use. Mr.
Barry and Mr. Westman indicated that such a statement would be too
vague since a land owner needs to have a reasonable assurance that
he or she can predict from the written policies whether a
particular activity is going to be permitted or not and such a
general statement would not provide that assurance.
On the basis of the staff report and our discussion with those
present, we developed the above recommendations for the Board's
consideration.
cc: County Administrator
Director, GMEDA
Community Development Director
County Counsel
Dennis Barry, Deputy Director, CDD
i
Contra Costa County
Community Development Department
DATE: March 23, 1994
TO: Internal Operations Committee
FROM: Harvey E. Bragdon, Director
by Matt Tomas, Senior Planner
SUBJECT: Follow-up Report on Agricultural Soils Trust Fund, Implementation Program
I. INTRODUCTION -
On February 28, 1994, the Internal Operations Committee requested that staff return to the
Committee in late March 1994 with a more formal recommendation regarding the structure and
function of how to administer the Agricultural Soils Trust Fund. The Trust Fund has already been
established using a portion of those fees collected by the Keller Canyon Landfill for the preservation
of agricultural resources.
The IOC has endorsed the concept of using monies from the Agricultural Soils Trust Fund for
preserving agricultural resources in the Agricultural Core as it is defined on the County General Plan
Land Use map. The Committee has requested that staff develop a more formal recommendation for
administering the monies now available in the Trust Fund.
II. FUNDING SOURCES -
The Board has already identified the Keller Canyon Landfill agricultural mitigation fees — $250,000
already resides in an Agricultural Soils Trust Fund and a similar amount has been projected for the
coming fiscal year 1994-95 — as the revenue source for the Agricultural Soils Trust Fund.
111. ADMINISTRATION OF THE TRUST FUND -
The February 28, 1994 interim report to the IOC presented two options — creation of a land trust or
the establishment of an agricultural preservation district — for administering the Agricultural Soils
Trust Fund.
At its last meeting, the Committee expressed a preference of a mixed membership for the Board of
Directors overseeing the trust or agricultural preservation district. In concept, the Committee
endorsed the idea of retaining two seats for representation by the Board of Supervisors while the
remaining seats would be appointed by the Board. The function for administering the Trust Fund,
either through a land trust or an agricultural preservation district, appears to be the most appropriate
means for deciding the use of the Agricultural Trust Fund monies.
Although the details of establishing either a land trust or agricultural preservation district need to be
worked out legally, the program for implementing this effort could take on the following tasks and
features:
1) Resolve those details needed to establish either a land trust of agricultural preservation
district for the Agricultural Core area, as defined on the County General Plan land use
map. The Board of Supervisors and/or designated appointees will act as the Board of
Directors for such an entity.
2) Request staff to prepare a detailed parcel map of the Agricultural Core area. This map
will identify the geographic range for which the trust or preservation district has
jurisdiction. Another map should be prepared which identifies existing property
boundaries, common ownership and the range of agricultural uses which may occur on
these properties over a calendar year.
3) Request staff to identify the various means in which the Trust or Preservation District
might secure property for long-term agricultural use (e.g.: the purchase of property in
fee; use of conservation easements; acceptance of gifts or donations; etc.).
4) Request staff to develop a set of preliminary policies and criteria in setting priorities for
land/property rights acquisitions the trust or preservation district might make.
IV. RECOMMENDATION -
Staff suggests that the IO Committee recommend the following to the Board:
1) Direct County Counsel to work with Community Development Department staff to
resolve the legal details of forming either a land trust or agricultural preservation
district.
2) Request Community Development Department staff to work on those tasks outlined
above and return to the IOC in three months time with detailed recommendations for
further implementing this program.
Contra Costa County
Community Development Department
DATE: March 24, 1994
TO: Internal Operations Committee
FROM: i ry e y !rector
SUBJECT: Amendments to the E elusive Agriculture Zoning (A-40) District
I. INTRODUCTION -
On January 25, 1994, the Board of Supervisors directed Community Development Department staff
to report back to the Internal Operations Committee on those actions which are necssary in order to
accomplish a change which would allow permitted uses (with a land use permit) in the A-20 zoning
district to also be premitted uses in the A-40 zoning district. The Board also requested staff to
comment on whether such a change would be consistent with the General Plan. In addition to
amending the A-40 district to allow all permitted uses which occur in the A-20 district staff has
developed a list of additional uses to be considered as part of the A-40 regulations.
11. CONSISTENCY WITH THE COUNTY GENERAL PLAN
Section 26-2.2002 of the County Ordinance Code describes seven findings for the issuance of a Land
Use Permit. One of those findings states the following: "A statement of how the request is consistent
with, and will further the goals and objectives of the general plan including but not limited to its
community facilities element." A consistency finding is required for each land use permit and must
be site specific. Assuming the findings are made for each land use permit considered, consistency
with the County General Plan should be assured.
III. ADDITIONAL USES FOR CONSIDERATION IN THE A-40 DISTRICT
As part of the study of the A-40 zoning regulations, Community Development Department staff has
met with an attorney representing various property owners in the east county area to discuss
additional uses which the Board of Supervisors may want to consider for inclusion in the A-40
regulations. These specific uses were discussed with the Agricultural Core in mind. To assist in the
IOC's discussion, there is an initial staff recommendation and a brief note identifying relevant policy
background for each consideration.
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy Background Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
1) Cold storage units would be allowed as a matter of right in any agricultural zone
provided that the property in which the units is to be located is at least 10 acres is size.
This is presently allowed in the A-2 and A-3 districts, but not addressed in the
remaining agricultural zoning districts.
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy Background: Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
2) A regional produce facility, engaged in the sale of local and non-local produce, could
be allowed in any agricultural zone with a land use permit. The use permit would
contain conditions of approval relating square footage limitations and parking
requirements.
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy Background: The definition of Agricultural Lands in the Land Use Element provides the policy basis for
this particular use.
3) Bed & Breakfast facilities, not exceeding five guest rooms, shall be allowed in any
agricultural zone with a land use permit which are on properties of 20 acres or more.
Per the definition of Agricultural Core, a bed and breakfast facility would be considered
inconsistent with this land use designation and would require a general plan amendment
if such a use was to be allowed in the Agricultural Core area.
Staff Recommendation. Recommend that this item be included in A-40 amendments.
Policy Background`. The definition of Agricultural Lands in the Land Use Element provides the policy basis for
this particular use.
4) Tasting rooms, not exceeding 1,000 squre feet in size, which feature locally grown
products shall be allowed as a matter of right provided such a facility is located on a
parcel at least 10 acres in size. Large visitor-serving facilities could be allowed upon
issuance of a Land Use Permit.
Staff Recommendatiorr. Recommend that this item be included in A-40 amendments.
Policy Background. Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
5) Retails stands not exceeding 400 square feet in size are already allowed as a matter of
right for the general sale of firewood, mushrooms and other agricultural products which
are produced on site or on adjacent properties. in the A-40 district. Larger retail
facilities could be allowed upon issueance of a land use permit.
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy Background. Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
6) Agricultural service businesses, which can be defined as a home occupation shall be
allowed as a matter of right.
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy Background: Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
7) Agricultural service businesses located on parcels less than one half acre in size and are
secondary to a primary agricultural use are allowed with a land use permit.
Staff Recommendation: Recommend that this item be included in A-40 amendments and other agricultural zoning
changes which may be needed to conform with State provisions.
Policy Background`. Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
8) Farmworker housing consistent with the requirement of the State's Employee Housing
Act shall be allowed in all agricultural zoning districts. The California State Employee
Housing Acts (§17020) overrides local ordinances and regulations and states that
farmworker housing shall not be subject to any use permit requirements. §17021.6 (b)
states that any employee housing providing accommodations for 12 or fewer
employees shall be deemed an agricultural land use designation. For the purpose of all
local ordinances, employee housing is an activity that differs in any other way from an
agricultural use. No conditional use permit, zoning variance, or other zoning clearance
shall be required of employee housing that serves 12 or fewer employees that is not
required of any agricultural activity in the same zone. (see attachment)
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy Background`. Relates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section of the Conservation Element.
9) Storage facilities for recreational vehicles, boats, and collectible cars would be allowed
with a land use permit.
Staff Recommendation: Recommend that this item be included in A-40 amendments.
Policy BackgroundRelates to County General Plan policies for maintaining the economic viability of agriculture
as discussed in the Agricultural Resources section.of the Conservation Element.
10) Any legal non-conforming lot can be built upon.
IV. RECOMMENDATION -
1) If the IOC supports some or all of the proposed amendments to the A-40 District to
allow all permitted uses which appear in the A-20 district and other uses outlined above,
direct staff to prepare a staff report on this item for presentation to the Board of
Supervisors.
Attachments
Attachment A-Uses Presently Allowed in A-20 and A-40
Attachment B-Excerpts from the California State Employee Housing Act
Attachment C-Definitions of the Agricultural lands and Agricultural Core Land Use Categories from the County General Plan
Attaclunent N
Allowed Uses in the A-2;A-20;and A-40 Districts
A-2 (General Agricultural A-20 (Exclusive Agricultural A-40 (Exclusive Agricultural
District) District) District)
Allowed Uses: Allowed Uses: Allowed Uses:
(1) All types of agriculture, (1) All types of agriculture, (1) All types of agriculture,
including general farming, including general farmin, including general farmin,
horticulture, floriculture, nurseries horticulture, floriculture, dairying, horticulture, floriculture, dairying,
and grenhouses, mushroom rooms, livestock production and breeding, livestock production and breeding,
dairying, livestock production, fur poultry and grain-fed rodent raising, poultry and grain-fed rodent raising,
farms, poultry raising, animal aviaries, apiaries,forestry, and aviaries, apiaries, forestry, and
breeding, aviaries, apeiaries, similar agricultural uses; similar agricultural uses;
forestry, and simililar agricultural (2) Other agricultural uses, (2) Other agricultural uses,
uses; including the erection and including the erection and
(2) Other agricultural uses, maintenance of sheds, maintenance of sheds,
including the erection and warehouses, granaries, warehouses, granaries,
maintenance of sheds, dehydration plants, huyllers, fruit dehydration plants, huyllers, fruit
warehouses, granaries, and vegetable packing plants and and vegetable packing plants and
dehydration plants, huyllers, fruit buildings for storage of agricultural buildings for storage of agricultural
and vegetable packing plantes and products and equipment; products and equipment;
buildings for storage of agricultural (3) A stand not exceeding four (3) A stand not exceeding four
products and equipment; hundred square feet for sale of hundred square feet for sale of
(3) A stand not exceeding two agricultural products grown of the agricultural products grown of the
hundred square feet for sale of premises. The stand shall be set premises. The stand shall be set
agricultural products grown of the back at least twenty-five feet from back at least twenty-five feet from
premises. The stand shall be set the front property line; the front property line;
back at least twenty-five feet from (4) a detached single family (4) a detached single family
the front property line; dwelling on each parcel and the dwelling on each parcel and the
(4) a detached single family accessory structures and uses accessory structures and uses
dwelling on each parcel and the normally auxillary to it; normally auxillary to it;
accessory structures and uses
normally auxillary to it;
(5) Foster home or family care
home operated by a public agency,
or by a private agency which has
obtained state or local approval
(license)for the proposed
operation,where not more than six
minors reside on the premises with
not more than two supervisory
persons;
(6) A family day care home
where care,protection and
supervision of twelve or fewer
children inthe provide's own home
are provided for period of less than
twenty-four hours per day,while the
parent or guardians are away.
Attachment
Allowed Uses in the A-2;A-20;and A-40 Districts
A-2 (General Agricultural A-20 (Exclusive Agricultural A-40 (Exclusive Agricultural
District) District) District)
Land Use Permit Required Land Use Permit Required Land Use Permit Required
(1) Allowable uses designated (1) Merchandising of (1) Merchandising of
in §84-36.404; agricultural supplies and services agricultural supplies and services
(2) Merchandising of incidential to agricultural use; incidential to agricultural use;
agricultural suplies and services (2) Canneries,wineries,and (2) Canneries,wineries, and
incidential to an agricultural use; processing of agricultural products; processing of agricultural products;
(3) Canneries,wineries and (3) Cold storage plants; (3) Cold storage plants;
processing of agricultural products; (4) Rendering plands and (4) Rendering plands and
(4) Cold storage plants; fertilizer plants or yards; fertilizer plants or yards;
(5) Slaugherhouses and (5) Livestock auction or sales (5) Livestock auction or sales
stockyards; yards; yards;
(6) Rendering plants and (6) Living acoomdations for (6) Living acoomdations for
fertilizer plants or yards; agricultural workers employed on agricultural workers employed on
(7) Livestock or sales yards; the premises; the premises;
(8) Living accomodations for (7) Home occupations; (7) Home occupations;
agricultural workers to be primarily (8) Nurseries and (8) Nurseries and
used for temporary housing of greenhouses; greenhouses;
agricultural workers while (9) Mushroom houses; (9) Mushroom houses;
performing seasonal agricultural (10) Processing of milk not (10) Processing of milk not
work on the owner;s property; produced on premises; produced on premises;
(9) Commercial recreational (11) Dude ranches, riding (11) Dude ranches,riding
facilities when the principal uses is academies, stables, dog kennels; academies, stables, dog kennels;
not in a building; (12) Hospitals, eleemosynary # 1� `:ts'' )e "'" '°:
(10) Boat storage areas within and philanthropic institutions, ` t ':'t)rnhr:":.c;;trtifificf;s ' ;
.::::::::::::::. .::..:;::::::.;:.;:.;:.;:.;:.::.;�:.......;:;.;;;:
one mile by public road of a boat convalescent homes and animalp ) lttf': frial':
launching aunchin facility
open to the '
hospitals;
public; (13) Churches, religious
(11) Retail firewood sales; institutions, parochial and privateti ( ## tj ( ftf?
(12) Recycling operations schools, including nursery schools; tlrfsltrcluittgrvs ';' i#fvc�s
intended to sort and/or process (14) Community buildings,
material for reuse except for those clubs, activities of a quasi-public, insaK#isrf' "tfisi"tt13#f':;;<>
activitiies descriubed in §88-4.206; social,fraternal or recreational laf #rr�ars r ...
13 M
useu
ms in which
character;
oibof historical artistic 1
1 5 Medical and/or dental
scientific or cultural importance are offices and clinics;
...;>:...;:.;:.:;.::.;:.;:.;:.;:.;:.;:.:
preserved and displayed. 16 Boat storage area within
one mile by public road of a public xzinetad ;
boating facility; fos# ;: facil...;<< >[>»>:><::>::>:::>:<:»':;:i:i:>:>:
(17) Oil and gas drilling and [ : :III€ 'et7iG `
production including the installation ratzrinclugisttafafftzrii
and use of only such equipmentttdttSf" .;:i11C�3[[;
necessary and convenient for renens °" It;rl; onreitont;:for:> ':<<>':':
drilling and extraction operations; Is }IJlxt'<stli#+i ( EQt11+ £►1lF
(18) Commercial radio and (18) Commercial radio and
television receiving and television receiving and
transmitting facilities other than transmitting facilities other than
broadcasting studios and business broadcasting studios and business
offices; offices;
(19) One additional single (19) One additional single
familydwelling for members of the familydwelling for members of the
family within the third degree of family within the third degree of
consanguinity; consanguinity;
(20) Wind energy conversion (20) Wind energy conversion
systems, except when used only systems, except when used only as
as as accessory to an allowable as accessory to an allowable
residential or agricultural use. residential or agricultural use.
. .:::::::.....................
NOTE: Those uses in;�t'�y.:;;:.:!111:11':::'"
In
-40.
are prohibited in the A
CALIFORNIA HEALTH AND SAFETY
DIVISION 13, PART 1
EMPLOYEE HOUSING ACT
(c) "Permanent employee housing," as used in this -part, means any labor camp
which is not temporary`or seasonal.
(d) "Permanent single-family employee housing," as used in this part,means single-
family detached dwellings, mobilehomes,as defined in Section 18008,manufactured homes,
as defined in Section 18007, or factory-built housing, as defined in Section 19971,
constructed and maintained in accordance with applicable state or federal laws, including
required permits and inspections. Each dwelling shall be inhabited by only one family,
1 which includes at least one permanent year-round employee. "Permanent single-family
employee housing" does not include housing accommodations or property, as defined in
subparagraph. (D) of paragraph (1) of subdivision (b) of Section 17008.
(Added by Ch. 62, Stats. of 1979, eff. 5/14/79.)
(Amended by Ch..385, Stats. of 1979, eff. 1/1/0.)
(Amended by Ch. 674, Stats. of 1985, eff. 1/1, 56.)
(Amended by Ch. 1298, Stats. of 1992, eff. 1/1/93.)
17011. Sleeping place
"Sleeping place," as used in this part, mcsns a dwelling, bunkhouse, tent,
mobilehome, or other structure or shelter in which employees are housed in any employee
housing.
(Added by Ch. .62, Stats. of 1979, eff. 5/14/79.)
(Amended by Ch. 1298, Stats. of 1992, eff. 111P 3.)
17012. (Repealed by Ch. 1298, Stats. of 1992, eff. 1/1/93.)
CHAPTER 2. APPLICATION AND SCOPE
17020. Supremacy over local ordinances or regulations; continuation of existing
rules and regulations; duration of building standards
(a) Except as otherwise provided in this part, the provisions of this part, building
standards published in the State Building Standards Code relating to employee housing,
and the other rules and regulations promulgated pursuant to the provisions of this part
which relate to labor camps apply in all parts of the state and supersede any ordinance or
regulations enacted by any city, county, or city and county applicable to labor camps. Rules
and regulations adopted or continued in effect prior to January 1, 1980, by former Chapter
4 (commencing with Section 2610) of Part 9 of Division 2 of the Labor Code are hereby
continued in effect as rules and regulations under this part until amended or repealed by
the Department of Housing and Community Development.
(b) Building standards, as defined by Section 18909, shall remain in effect only until
January 1, 1985, or until adopted, amended, or superseded by provisions published in the
State Building Standards Code relating to employee housing pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5, whichever occurs sooner.
6 1/1/93
(Added by Ch. 62, Stats. of 1979, eff. 5/14/79.)
(Amended by Ch. 1152, Stats. of 1979, eff. 1/1/80.)
(Amended by Ch. 101, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1298, Stats. of 1992, eff. 1/1/93.)
17021. Use zones; fine zones; property lines; water supply; sewage disposal;
reservation to local jurisdiction
Except as provided in Sections 17021.5 and 17021.6, local use zone requirements,
local fire zones, property line, source of water supply and method of sewage disposal
requirements are hereby specifically and entirely reserved to the local jurisdictions.
(Added by Ch. 62, Stats. of 1979, eff. 5/14/19.)
(Amended by Ch. 1298, Stats. of 1992, eff. 1/1/93.)
17021.5. Residential land use designation (six or fewer employees)
(a) Any employee housing which has qualified, or is intended to qualify, for a
permit to operate pursuant to this part may invoke the provisions of this section.
(b) Any employee housing providing accommodations for six or fewer employees
shall be deemed a single-family structure with a residential land use designation for the
purposes of this section. For the purpose of all local ordinances, employee housing shall
not be included within the definition of a boarding house, rooming house, hotel, dormitory,
or other similar term that implies �ha1 the employee housing is a business run for profit or
differs in any other. way from,:a=-family dwelling. No conditional use permit, zoning
variance, or other zoning cleAXance shall be required of employee housing that serves six
or fewer employees that is not required of a family dwelling ofle same tyke in the same
zone. Use of a family dwelling for purposes of employee housing serving six or fewer
persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing
with Section 17910) or local building codes.
(c) Except as otherwise provided in this part, employee housing that serves six or
fewer employees shall not be subject to any business taxes, local registration fees, use
permit fees; or other fees to which other family dwellings of the same type in the same
zone are not likewise subject. Nothing in this subdivision shall be construed to 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 family dwellings of the same type in the same zone are likewise subject.
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 regulations pursuant to state
law or regulation or local ordinance, with respect to employee housing which serves six or
fewer persons.
(d) For the purposes of any contract, deed, or covenant for the transfer of real
property, employee housing which serves six or fewer employees shall be considered a
residential use of property and a use of property by a single household, notwithstanding any
disclaimers to the contrary.
7 1/1/93
(e) The Legislature hereby declares that it is the policy of this state that each
county and city shall permit and encourage the development and use of sufficient numbers
and types of employee housing facilities as are commensurate with local need. This section
shall apply equally to any charter city, general law city, county, city and county, district and
any other local public entity.
(Added by Ch. 1298, Stats. of 1992, eff. 1/1/93.)
17421.6. Agricultural land use designation (12 or fewer employees)
(a) The owner of any employee housing who has qualified, c+r is intended to qualify,
for a permit to operate pursuant to this part may invoke the provisions of this section.
(b) Any employee housing providing accommodations for 12 or fewer employees
shall be deemed an agricultural land use designation for the purposes of this section. For
the purpose of all local ordinances, employee housing shall not be deemed a use that
= implies that the employee housing is an activity that differs in any other way from an
agricultural use. No conditional use permit, zoning variance, or �ether zoning clearance
shall be required of employee housing that serves 12 or fewer employees that is not
required of any other agricultural activity in the same zone. The permitted occupancy in
employee housing in an agricultural zone shall include agricultural employees who do not
work on the property where the employee housing is located.
( (c) Except as otherwise provided in this part, employee housing that serves 12 or
fewer,employees 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. Nothing in this subdivision shall be construed to forbid the imposition of
local property taxes, 'fees for water services and garbage collection, fees for normal
j inspections, local bond assessments,and other fees,charges, and assessments to which other
agricultural activities in the same zone are likewise subject. Neither the State Fire Marshal
nor any locat public entity shall charge any fee to the owner, operatpr,,or any resident for
enforcing fire inspection regulation pursuant to state law or regulation or local ordinance,
with respect to employee housing that serves 12 or fewer persons.
(d) For the purposes of any contract, deed, or covenant for the transfer of real
property, employee housing which serves 12 or fewer employees shall be considered an
agricultural use of property, notwithstanding any disclaimers to the contrary.
(e) The Legislature hereby declares that it is the policy of this state that each
county and city shall;permit and encourage the development and use of sufficient numbers
and types of employee housing facilities as are commensurate with local need. This section
shall apply equally to any charter city, general law city, county, city and county, district, and
any other local public entity. For the purposes of this section, "12 or fewer employees"
does not include the family members of any employee.
(Added by Ch. 1298, Stats. of 1992, eff. 1/1/93.)
8 1/1/93
3. Land Use Element
b. Agricultural Lands.
This land use designation includes most of the privately owned rural lands in the County,
excluding private lands that are composed of prime soils or lands that are located in or near
the Delta. Most of these lands are in hilly portions of the County and are used for grazing
livestock, or dry grain farming. The category also includes non-prime agricultural lands in
flat East County areas, such as outside Oakley, which are planted in orchards. Some of the
Agricultural Lands east of Oakley and Byron are included in the 100-year flood plain, as
mapped by the Federal Emergency Management Agency (FEMA).
The purpose of the Agricultural Lands designation is to preserve and protect lands capable
of and generally used for the production of food, fiber, and plant materials. The title is
7 intended to be descriptive of the predominant land-extensive agricultural uses that take
place in these areas, but the land use title or description shall not be used to exclude or
limit other types of agricultural, open space or non-urban uses such as landfills, except as
noted below in the descriptions of "Agricultural Core," "Delta Recreation and Resources,
"Watershed," "Parks and Recreation," and "Open Space." The maximum allowable density
in this category is one dwelling unit per 5 acres.
The uses that are allowed in the Agricultural Lands designation include all land-dependent
and non-land dependent agricultural production and related activities. In addition, the
following uses may be allowed• by issuance of a land use permit, which shall include
conditions of approval that mitigate the impacts of the use upon nearby agricultural
operations through the establishment of buffer areas and other techniques:
0 facilities for processing agricultural products produced in the County such as dairies,
rendering plants, and feed mills;
0 commercial agricultural support services which are ancillary to the agricultural use
of a parcel, such as veterinarians, feed stores, and equipment repair and welding;
and
0 small-scale visitor serving uses including small tasting rooms, stands for the sale of
products grown or processed on the property, guest or "dude" ranches, horse training
and boarding ranches, improved campgrounds, and "bed and breakfast" inns of five
or fewer bedrooms which are on lots of 20 acres or more, extensive recreational
facilities and private retreats.
The following standards shall apply to all uses allowed in the Agricultural Lands
designation:
(1) Any subdivision of lands shall include conditions of approval which conform with
the requirements of the "Ranchette Policy," which is outlined in the "Agricultural
Resources" section of the Conservation Element (Chapter 8); and
(2) Residential and non-residential uses proposed in areas of special flood hazards, as
shown on FEMA maps, shall conform to the requirements of the County Floodplain
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3. Land Use Element `""r]
Management Ordinance (County Ord. #87-45) and the further requirements
outlined in the "Delta Recreation" section (d) (5) below. _I
1
C. Agricultural Core. l
This designation applies to agricultural lands that are composed primarily of prime (Class
I or II) soils in the Soil Conservation Service Land Use Capability Classifications, which are
considered the very best soils for farming a wide variety of crops. Lands designated as -
Agricultural Core are located in East County outside the ULL to the east, south, and west
of the City of Brentwood. Much of the land in this designation is under active cultivation
of intensive row crops, such as tomatoes and other vegetables. A portion of the Agricultural _
Core lands are included within the 100-year flood zone, as identified by the U.S. Federal
Emergency Management Agency (FEMA).
s�
The purpose of the Agricultural Core designation is to preserve and protect the farmlands ^
of the County which are the most capable of, and generally used for, the production of A
food, fiber, and plant materials. Agricultural operations in the Agricultural Core shall, in
accordance with Measure C - 1990, be protected by requiring a higher minimum parcel size
than the Agricultural Lands designation, to attempt to maintain economically viable,
commercial agricultural units. The creation of small uneconomical units will be discouraged
by land use controls and by specifically discouraging minor subdivisions and "ranchette"
housing development.
The uses that are allowed in the Agricultural Core designation are the same as those
allowed, without the issuance of a land use permit, in the Agricultural Lands designation,
specified above. However, none of the uses described as conditional uses in the Agricultural _
lands designation are considered appropriate in the Agricultural Core designation. This
Plan discourages the placement of public roadways or new utility corridors which would '
adversely affect the viability of the Agricultural Core if economically feasible alternatives
exist.
Residential uses are allowed in the Agricultural Core according to the following standards f '
(in accordance with Measure C - 1990):
(1) The maximum permitted residential density shall be one unit per 40 acres;
(2) Subdivision of land which would create a cluster of "ranchette" housing is
inconsistent with this plan;
(3) Residential and non-residential uses proposed in areas of special flood hazards, as
shown on FEMA maps, shall conform to the requirements of the County Floodplain
Management Ordinance (County Ord. #87-45) and the further requirements _,•
outlined in the "Delta Recreation and Resources" section (d) (5) below.
3-38
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