(A) Intent. Single-family farmworker housing projects, at the applicant’s option, may be proposed pursuant to § 17021.5 of the Act (Cal. Health and Safety Code § 17021.5), in which case they are deemed a residential use and subject to the same permitting requirements and development standards that apply to a single-family dwelling proposed in the applicable zone, rather than being deemed an agricultural use pursuant to § 25.08.022(A) above. All single-family farmworker housing projects that provide housing for at least five farmworkers shall obtain a license from the enforcement agency pursuant to the Act (Cal. Health and Safety Code Division 13, Part 1).
(B) Applicability. A small farmworker housing project of one to four farmworker dwelling units per parcel, in addition to any primary residence and accessory dwelling unit that may exist on the site, shall be processed as follows:
(1) Small farmworker housing projects proposed to provide housing for at least five individual farmworkers (i.e., at least one farmworker unit will house more than one individual farmworker per unit) are considered an EHA project and may be approved on a parcel in an agricultural zoning district, subject to all provisions of this zoning code and the Act, including the requirement to obtain a license.
(2) Small farmworker projects proposed to provide housing for four or fewer individual farmworkers (at least one farmworker per proposed unit, not to exceed four farmworkers total in the project) are not an EHA project and not subject to the Act. Such projects may be approved in agricultural zones with an administrative use permit pursuant to all requirements of § 25.08.022(D) above, except for the requirement to obtain or maintain a license. In lieu of a license, such projects shall be subject to annual monitoring by the Planning Department to verify the owner’s compliance with the recorded farmworker housing covenant and project conditions of approval. If, upon monitoring or in response to a complaint, any dwelling unit in such project is determined to be non-compliant with the occupancy requirements set forth in the farmworker housing covenant, after reasonable notice and opportunity to correct the violation as set forth in County Code, the project permit may be revoked and the unit(s) subject to enforcement pursuant to County Code Chapter 25.02, possibly including abatement.
(Ord. 1043 § 3 (part), 2022)