(A) Applicability. Agricultural employee (farmworker) housing projects that provide housing for at least five farmworkers and are proposed pursuant to § 17021.6 of the Employee Housing Act (Cal. Health and Safety Code § 17021.6) are referred to as “EHA projects”. Eligible project types include employer-provided farmworker housing or rural farmworker housing projects, of up to 12 dwelling units or up to 36 beds in group quarters (dormitory-style housing); or a small project that provides housing for at least five farmworkers. EHA projects may be for seasonal or temporary residency. EHA projects shall not include any proposed land division (i.e., parcel map, subdivision map or condominium map) for the purposes of creating a separate parcel for the EHA project or EHA units.
(B) Agricultural employee project types. Agricultural employee (farmworker) housing projects provide housing for five or more farmworkers (“EHA projects”). EHA projects include the following project types:
(1) Employer-provided farmworker housing project.
(a) Five to 36 beds in group quarters designed for single adult farmworkers; or
(b) Five to 12 dwelling units, mobile home/RV spaces, each designed for occupancy by at least one farmworker and his/her household.
(2) Rural farmworker housing project.
(a) Five to 36 beds or five to 12 units for seasonal or temporary occupancy; or
(b) Up to 12 mobile homes, manufactures homes, travel trailers, RVs for permanent occupancy
(3) Small farmworker housing project.
(a) One to 4 dwelling units or mobile homes housing at least five farmworkers and licensed by the enforcement agency.
(C) Required permits and approvals.
(1) Site development permit. In the AR and AP Zone districts, EHA projects proposed are considered an agricultural use. Conditions of approval may be imposed by the Director to ensure compliance with the standards of this section, and the County, and with the Employee Housing Act (Cal. Health and Safety Code Division 13, Part 1).
(2) Water and sanitation permits. EHA projects not connected to community sewer or water shall obtain required county permits for proposed well water and/or septic systems. EHA projects on well water that meet the definition of public drinking water system shall comply with State Water Resources Control Board Standards.
(3) Building permits. EHA projects shall obtain building permits or other required permits, depending on type of housing accommodations proposed for the project. For EHA projects consisting of two to four mobile or manufactured homes (not on a permanent foundation system) or recreational vehicles, or spaces for two to four mobile homes or recreational vehicles (a “trailer park”), HCD is the permitting agency. For EHA projects of five to 12 spaces, mobile homes, or recreational vehicles, the County is the permitting agency.
(4) Recorded covenant. The site development permit shall include a condition of approval for the property owner to record a farmworker housing covenant with the County to provide constructive notice of and ensure owner’s compliance with the requirements of this section of the County Code, the Employee Housing Act, and their license.
(5) License. EHA projects shall obtain and Maintain a license to operate the proposed farmworker housing from the enforcement agency pursuant to §§ 17030-17039 of the Act (Cal. Health and Safety Code §§ 17030—17039). The enforcement agency in the county is the Department of Environmental Health.
(a) Applicants shall apply for the license at least 45 days before initial occupancy, after the site development permit and any required building or other ministerial permits have been obtained for the project. The application form is available from the enforcement agency and requires applicant to provide all information listed in § 17032 of the Employee Housing Act (Cal. Health and Safety Code § 17032).
(b) Applicant shall submit a letter requesting a modification to the license whenever there is a change in any of the information provided on the license application form, such as a reduction or increase in the number of units or beds occupied by farmworkers, or any other information on the form.
(c) Licenses are issued for a one-year period and subject to annual monitoring by the enforcement agency. Applicant shall submit a letter each year requesting an annual renewal of the license for as long as the housing continues to be operated as employee housing.
(d) Any operator of an EHA project that fails to obtain or maintain the required license for the project shall be subject to the penalties of § 17037 of the Employee Housing Act (Cal. Health and Safety Code § 17037), including in some cases a requirement to pay double or ten times the applicable licensing fees.
(e) Certificate of non-operation. If the EHA project ceases to be occupied by farmworkers, the operator shall submit a letter certifying non-operation to the enforcement agency within 30 days, noting the date on which the housing ceased to be occupied, consistent with § 17037.5 of the Employee Housing Act (Cal. Health and Safety Code § 17037.5). The certification of non-operation shall be submitted to the enforcement agency annually for two years following discontinuation of the use of any area or structure on the property identified in operator’s license as farmworker housing. The certification shall attest under penalty of perjury that the farmworker housing has been destroyed, or is no longer owned and operated, or has not been and shall not be occupied by five or more employees during the calendar year. Operator shall send a copy of the certification of non-operation to the County Planning Department concurrently with delivery to the enforcement agency.
(f) Environmental review. EHA projects are subject to environmental review (“CEQA”). The Cal. Public Resources Code provides some exemptions to CEQA that may apply to certain types of farmworker housing defined herein.
(D) Development standards and criteria. EHA projects shall comply with development standards of the zone districts in which they are located, as well as the additional standards and criteria provided below. In the event of any conflict between Chapter 25.03 and the standards and criteria provided in this section, those in this section shall prevail.
(1) Density limitations. EHA projects proposed in agricultural zones are considered an agricultural use pursuant to the Act and as such are not subject to the residential density limitations set forth in the general plan or zoning code.
(2) Unit size. The maximum habitable floor area for a dwelling unit intended for occupancy by a single farmworker household (individual farmworker or farmworker family) in an EHA project shall not exceed the following, measured in square feet (SF) as shown below.
Maximum Habitable Floor Area
Unit Size | Maximum Habitable Floor Area |
Studio or 1 bedroom | 640 SF |
2 bedrooms | 800 SF |
3 bedrooms | 1,200 SF |
4 or more bedrooms | 1,400 SF |
(3) Group quarters. Structures designed as group quarters or dormitories shall provide at least 50 square feet of habitable area per bed (per occupant) within the dormitory structure.
(4) Height. Structures shall be limited to a height of 28 feet.
(5) Parking. EHA projects shall comply with the parking standards in § 25.07.010, except that the minimum number of spaces per unit or per bed in an EHA project shall be as set forth below.
Minimum Parking Spaces Required
Unit Size | Minimum Parking Spaces Required |
Studio or 1 bedroom | 1 |
2 or 3 bedrooms | 2 |
4 or more bedrooms | 2.5 |
Group quarters | 0.5 per bed |
(6) Parking exceptions.
(a) The Director may approve a reduction in required parking spaces without a variance, if the applicant provides evidence to the Director’s satisfaction that fewer parking spaces than otherwise required by this section will be adequate for EHA project, such as where transit service or alternative transportation is available or is provided by the operator.
(b) Alternate surfacing materials (e.g., base rock or gravel) may be allowed for parking areas and/or accessways to the EHA, if the Director finds that the alternate surfacing materials will help to preserve agricultural land, and the surfacing will be installed and maintained in a manner that will prevent erosion and will provide adequate drainage, and such alternate is acceptable to other involved reviewing agencies.
(7) Siting. EHA projects shall be sited to avoid, to the extent feasible, placing units or structures on prime agricultural land or other productive soils, and to avoid or minimize exposure of occupants to hazards associated with agricultural operations on the site or adjacent properties.
(8) Minimize disturbance. To the extent feasible, EHA projects shall be sited on the least viable portion of the parcel or in such a way as to disturb the least amount of productive farmland. Depending on site conditions, this may be achieved by siting the EHA project near existing development on the site, using existing site access, and minimizing the use of paving materials or other impervious surfacing to the minimum necessary to accommodate the EHA project.
(9) Buffers. To the extent feasible, housing accommodations shall be sited at least 50 feet from any active agricultural operations, including areas subject to machine cultivation or pesticide application. If such distances are not feasible, buffering techniques, such as fencing, screening with vegetation, or other techniques may be used to provide a buffer between farmworker housing and farming operations, subject to Department approval. Housing accommodations shall not be located within 75 feet of any livestock barns, pens or similar quarters of livestock or poultry, consistent with state regulations.
(Ord. 1043 § 3 (part), 2022)