Agricultural districts, hereinafter designated as A districts, are established to promote implementation of general plan land use proposals for agricultural and other nonurban uses, to conserve and protect existing agricultural uses, and to provide space for and encourage such uses in places where more intensive development is not desirable or necessary for the general welfare.

(Prior gen. code § 8-25.0)

Editor's note— Ord. No. 2010-71, § 10, adopted December 21, 2010, repealed § 17.06.020, which pertained to map designation and derived from prior gen. code § 8-25.1.

The following principal uses are permitted in an A district:

A.

On a building site, one one-family dwelling or one-family mobilehome either constructed after September 15, 1971, and issued an insignia of approval by the California Department of Housing and Community Development and permanently located on a permanent foundation system, or constructed after July 15, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development and permanently located on a foundation system;

B.

Crop, vine or tree farm, truck garden, plant nursery, greenhouse, apiary, aviary, hatchery, horticulture;

C.

Raising or keeping of poultry, fowl, rabbits, sheep or goats or similar animals;

D.

Grazing, breeding or training of horses or cattle;

E.

Winery, microbrewery or olive oil mill:

1.

Includes accessory uses such as administrative offices, visitor centers, on-site tasting rooms, production and maintenance facilities, cooperage, and marketing activities, provided such uses are consistent with general plan policies and any other use permit limitations.

2.

The uses may include a visitor center: A day use facility which may include winery, microbrewery, or olive oil mill tours and on-site tasting, retail sales of wine, beer, or olive oil and related items, display of historical or educational items related to the wine region, or art, etc. not to exceed thirty (30) percent of the floor area of the production facility of the winery, microbrewery, or olive oil mill.

3.

Permanent kitchen facilities are not allowed.

4.

The sale of food, complementary food service, or provision of picnic facilities is limited to cold foods prepared off-site, such as but not limited to bread, cheese, crackers, sandwiches or salads, in conjunction with wine, beer, or olive oil tasting and sales, provided such food service remains incidental and subordinate to the tasting and sales.

5.

An administrative conditional use permit (ACUP) may be requested for one temporary mobile outdoor business as an accessory or incidental use to the winery, microbrewery or olive oil mill. The mobile outdoor business must adhere to county environmental health requirements.

6.

The design for the facilities for the accessory uses permitted by this section, including all signage, must balance, maintain and enhance the visual quality of the agricultural land.

7.

In addition to the provisions in subsections 1 through 7 above, microbrewery uses must comply with the following requirements:

a.

Microbreweries are not allowed in the resource management (RM) land use designation as defined in the East County Area Plan.

b.

Microbrewery visitor center hours are limited to a maximum of twenty-four (24) hours per week from Sunday through Saturday and shall close by 10:00 p.m.

Additional and extended hours may be obtained through a conditional use permit (CUP).

c.

A minimum of fifteen (15) percent of the non-water ingredients used in the beer making process must be grown in Alameda County.

F.

Fish hatcheries and rearing ponds;

G.

Public or private riding or hiking trails;

H.

One secondary dwelling unit per building site on parcels twenty-five (25) acres in size or larger that are zoned for not more than one dwelling and have one but no more than one dwelling unit on the parcel subject to the following requirements:

1.

The secondary dwelling unit shall be on the same building envelope as the primary unit;

2.

On parcels less than one hundred (100) acres, the secondary dwelling unit shall be no larger than two thousand (2,000) square feet in area; on parcels one hundred (100) acres or larger the secondary dwelling unit shall be no larger than two thousand five hundred (2,500) square feet in area;

3.

The secondary dwelling unit shall be subject to site development review pursuant to Section 17.54.210 et seq.; and

4.

The secondary dwelling unit shall be subject to and consistent with the provisions of the county policy on secondary dwelling units in agricultural and rural residential areas. Notwithstanding the requirements of Section 17.54.220(A), for secondary units on parcels that are less than one hundred (100) acres in size, the planning commission shall decide applications for site development review under this section, and a public hearing is required;

I.

Occupancy of agricultural caretaker dwelling(s) subject to a site development review as provided in Section 17.06.090, when found by the planning director to be necessary to provide housing for the agricultural caretaker and his/her family;

J.

Boarding stables and riding academies subject to the following requirements:

1.

The boarding stable shall be subject to site development review pursuant to Sections 17.6.90 and 17.54.210 et seq., except as follows:

a.

The appropriate board of zoning adjustments shall decide applications for site development review under this section, and a public hearing is required;

b.

Where the holder of an existing conditional use permit is found to be in compliance with all conditions of the existing conditional use permit, the planning director shall recommend approval of a site development review for the facility Alameda County Ordinance Code, Title 17, Zoning Ordinance with no new conditions except as allowed by the county policy for equine facilities in the A (agricultural) district, to the appropriate board of zoning adjustments;

c.

The planning director may modify the requirements of Section 17.54.230 consistent with the provisions of the county policy of equine facilities in the A (agricultural) district; and specifically may waive the requirement that the site plan be prepared by licensed civil engineer, land surveyor, architect, landscape architect, or a registered building designer;

2.

The boarding stable shall be subject to and consistent with the provisions of the county policy for equine facilities in the A (agricultural) district;

3.

Site development reviews under this section shall not have an expiration date. However, they shall be subject to a periodic review for compliance with conditions of approval of the site development review and with relevant county ordinances, including all water quality rules and regulations. Such reviews shall occur every five years at minimum, or as needed to ensure compliance;

4.

Any changes in the scope of the boarding stable operation shall require a modification to the site development review;

5.

Site development review approval under this section shall not be construed to confer upon a boarding stable any exemption from any health, nuisance, or public safety ordinances or their subsequent enforcement or confer any other unique privileges upon a stable;

K.

Agricultural employee housing consisting of not 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 subject to a site development review as described provided in Sections 17.06.090 (Agricultural districts—Site development review—When required), 17.60.100 (Agricultural districts—Agricultural employee housing), and 17.54.210 (Site development review).

(Ord. 2004-55 § 1; Ord. 2003-47 § 1; Ord. 99-2 § 1; Ord. 93-33 § 2 (part); prior gen. code § 8-25.2)

(Ord. No. 2010-71, § 11, 12-21-10; Ord. No. 2012-58, § 4, 4-10-12; Ord. No. 2019-10, § 2, 4-23-19)

The following are conditional uses and shall be permitted in an A district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.06.010.

A.

Sanitary landfill not to include processing salvaged material;

B.

Flight strip;

C.

Cemetery;

D.

Composting facility.

(Ord. 2000-53 § 1 (part); Ord. 99-26 § 1 (part))

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses and shall be permitted in an A district only if approved by the board of zoning adjustments, as provided in Sections 17.54.130 and 17.06.010:

A.

Outdoor recreation facility;

B.

Animal hospital, kennel;

C.

Killing and dressing of livestock, except when accessory as specified in Section 17.06.050;

D.

Public or private hunting of wildlife or fishing, and public or private hunting clubs and accessory structures;

E.

Packing house for fruit or vegetables, but not including a cannery, or a plant for food processing or freezing;

F.

Flight strip when accessory or incidental to a permitted or conditional use;

G.

Hog ranch;

H.

Drilling for and removal of oil, gas or other hydrocarbon substances;

I.

Radio and television transmission facilities;

J.

Public utility building or uses, excluding such uses as a business office, storage garage, repair shop or corporation yard;

K.

Administrative offices accessory to the principal use on the premises including activities by the same occupancy which are not related to the principal use providing such activities not so related are accessory to the administrative office activity;

L.

Administrative support and service facilities of a public regional recreation district;

M.

Privately owned wind-electric generators;

N.

Remote testing facility;

O.

Winery, microbrewery, or olive oil mill related uses, except in the resource management (RM) land use designation as defined in the east county area plan.

P.

Agricultural employee housing for thirty-seven (37) or more beds in group quarters or thirteen (13) units or spaces designed for use by a single-family or household;

Q.

Cannabis retailer, subject to and in compliance with Chapter 6.108 of this code;

R.

Cannabis cultivation and associated cannabis distribution, subject to and in compliance with Chapter 6.106 of this code and Section 17.52.585 of this title;

S.

Combined cannabis operation, subject to and in compliance with Chapter 6.109 of this code and Section 17.52.585 of this title;

T.

Cannabis testing laboratory, subject to and in compliance with Section 17.52.586 of this title; and

U.

Soil importing in accordance with Chapter 17.66.

(Ord. 2004-55 § 2; Ord. 2002-60 § 1 (part); Ord. 2000-53 § 1 (part); Ord. 99-26 § 1 (part); Ord. 94-40 § 1; Ord. 3-33 § 2 (part); prior gen. code § 8-25.3)

(Ord. No. 2010-71, § 12, 12-21-10; Ord. No. 2012-58, § 5, 4-10-12; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2018-23, § 2, 5-8-18; Ord. No. 2018-24, § 2, 5-8-18; Ord. No. 2019-10, § 2, 4-23-19; Ord. No. 2019-23, § 2, 6-18-19; Ord. No. 2019-43, § 2, 10-15-19)

When located in an A district, and subordinate to a lawful use, the following accessory uses, in addition to those normally accessory to a dwelling are permitted:

A.

Farm buildings, including stable, barn, pen, corral, or coop;

B.

Building or room for packing or handling products raised on the premises;

C.

Killing and dressing of poultry, rabbits and other small livestock raised on the premises, but not including an abattoir for sheep, cattle or hogs;

D.

Stand for the sale at retail of items produced or raised on the premises having a ground coverage not in excess of four hundred (400) square feet;

E.

Accessory business signs not exceeding an aggregate area of twenty (20) square feet; having no moving parts or illumination;

F.

Administrative office, maintenance building, when accessory to a principal use permitted by Section 17.06.040(O).

(Prior gen. code § 8-25.4)

Every use in an A district shall be on a building site having an area not less than one hundred (100) acres.

(Prior gen. code § 8-25.5)

The yard requirements in an A district are as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: not less than thirty (30) feet;

B.

Depth of rear yards: not less than ten feet;

C.

Width of side yards: not less than ten feet.

(Prior gen. code § 8-25.6)

No sign in an A district shall be illuminated. No more than two sale or lease signs shall be placed on any lot, and no such sign shall have an area in excess of twenty-four (24) square feet, except in conformance with Sections 17.52.460 and 17.52.470 (Subdivision). In other respects, Section 17.52.020 shall control.

(Prior gen. code § 8-25.7)

Site development review pursuant to Section 17.54.210 shall be required for:

A.

Every new dwelling or addition to existing dwelling exceeding five hundred (500) square feet or thirty (30) feet in height hereafter placed on a parcel in the A district;

B.

Agricultural caretakers dwelling(s), when found by the planning director to be necessary to provide housing for the agricultural caretaker and his/her/their family(ies); subject to the following provisions:

1.

Initial site development review shall include submittal of required applications and materials and completion of an agricultural caretaker dwelling report, signed by the property owner.

2.

The agricultural caretaker dwelling report submitted under subsection (B)(1) above shall include a description of the agricultural use on the site, a description of the commercial/economic viability of the agricultural use, a discussion of the personnel necessary to implement or oversee the agricultural use, and a description of the proposed agricultural dwelling and/or housing. If the agricultural use is intended primarily for private interest rather than commercial viability, or if the dwelling unit is intended for a use not otherwise related directly to commercially viable agriculture on the site, such as onsite security, the report shall provide this information.

3.

Site development review approval shall normally be issued for a period of five years, except in instances where it is found by the planning director that a demonstrable need for more stringent controls (e.g., history of non-compliance with county codes, public health/safety issues, community concerns) is necessary.

4.

The planning director may extend initial site development review for additional five-year periods of time at the end of each preceding five-year period, subject to review and approval, of an updated agricultural caretaker dwelling report, signed by the property owner.

5.

During the effective period of the site development review, any changes relating to the information contained in the agricultural caretaker dwelling report (including changes to the dwelling unit itself, changes in maximum occupancy requirements, and/or changes in the size/nature/scope of the agricultural use being served by the presence of the caretaker onsite) shall be reported to the planning department, and shall be subject to the same procedures and regulations as those applicable to the initial application.

6.

The planning director shall have the discretion to disapprove the initial and/or subsequent site development review and agricultural caretaker dwelling report if found that compliance with the requirements and intent set forth in this title is exercised unlawfully or contrary to any condition or limitation of its issuance.

7.

The planning director may, at his/her discretion, hold a public hearing regarding an initial or subsequent site development review application.

8.

The approval of a site development review for an agricultural caretaker dwelling of any kind on any parcel, regardless of the existing legal building site status of the parcel, shall not be construed to establish upon that same, or any adjacent or commonly-owned parcel, building site status.

9.

The agricultural caretaker dwelling is intended to remain only as long as necessary to support either onsite security or the primary agriculture use on the site, and when the need for this support terminates the dwelling must be completely removed or converted to another legal use.

10.

Violations of this section shall be subject to enforcement, penalties and abatement under Chapters 17.58 and 17.59 of this title.

C.

Boarding stables and riding academies subject to the provisions of Section 17.06.030(J) of this chapter; and

D.

Agricultural employee housing subject to the provisions of Section 17.06.095 of this chapter.

(Ord. 2004-55 § 3; Ord. O-2003-47 § 1)

(Ord. No. 2012-58, § 6, 4-10-12)

Agricultural employee housing is subject to site development review pursuant to Sections 17.06.060 (Agricultural Districts—Site Development Review—When Required) and 17.54.210 (Site Development Review) et seq. and to the following provisions:

A.

The site development review shall include submittal of required applications and materials including an agricultural employee housing report, signed by the property owner.

B.

The agricultural employee housing report submitted under subsection A above shall include the following information:

1.

Entity responsible for housing maintenance and up-keep;

2.

Description of whether the housing will be used on a permanent, temporary, and/or seasonal basis;

3.

Total number of people to be housed on-site at any one time;

4.

Description of the housing, including whether the structures will be permanent and/or temporary, intended as units for families, one person, or several persons, and cost of the units and utilities to the agricultural employees;

5.

Location(s) where the agricultural employees will work;

6.

There must be adequate water and sewer available to service the development, as determined by the department of environmental health;

7.

The housing must be located off prime and productive agricultural land, or on the parcel where no other alternatives exist on site, on the least viable portion of the parcel;

8.

The development shall incorporate proper erosion and drainage controls; and

9.

Parking shall be provided in accordance with Section 17.52.910 (Parking spaces required—Residential buildings).

C.

Site development review approval shall normally be issued for a period of five years, except in instances where it is found by the planning director that a demonstrable need for more stringent controls (e.g., history of non-compliance with county codes, public health/safety issues, community concerns) is necessary.

D.

The planning director may extend the initial site development review for additional five-year periods of time at the end of each preceding five-year period, subject to review and approval, of an updated agricultural employee housing report, signed by the property owner.

E.

During the effective period of the site development review, any changes relating to the information contained in the agricultural employee housing report (including changes to the dwelling unit itself, and changes in maximum occupancy requirements) shall be reported to the planning department, and shall be subject to the same procedures and regulations as those applicable to the initial application.

F.

The planning director shall have the discretion to disapprove the initial and/or subsequent site development review and agricultural employee housing report if found that compliance with the requirements and intent set forth in this title is exercised unlawfully or contrary to any condition or limitation of its issuance.

G.

The planning director may, at his/her discretion, hold a public hearing regarding an initial or subsequent site development review application.

H.

The approval of a site development review for an agricultural employee housing of any kind on any parcel, regardless of the existing legal building site status of the parcel, shall not be construed to establish upon that same, or any adjacent or commonly-owned parcel, building site status.

I.

Violations of this section shall be subject to enforcement, penalties and abatement under Chapters 17.58 and 17.59 of this title.

(Ord. No. 2012-58, § 7, 4-10-12)

Editor's note— Ord. No. 2012-58, § 7, adopted April 10, 2012, set out provisions intended for use as § 17.06.100. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.06.095.

A.

For the purposes of this chapter, high-intensity oil and gas operations means any of the following uses:

1.

Well stimulation treatment — any treatment of a well designed to enhance oil or gas production or recovery by increasing the permeability of the formation. Well stimulation treatments include, but are not limited to, hydraulic fracturing treatments and acid well stimulation treatments, as defined in Title 14 California Code of Regulations Section 1761.

2.

Enhanced recovery wells — wells that are injected with brine, water, steam, polymers, carbon dioxide, or other gasses into oil-bearing formations to recover residual oil and in some limited applications natural gas. The injected fluid thins (decreases the viscosity) or displaces small amounts of extractable oil and gas, which is then available for recovery. Examples include waterflood injection that uses imported water, shallow well water or surface water and/or injects chemicals designed for well production increase (other than those found naturally in produced water or which are necessary for routine well maintenance or clarifier use), steamflood injection, and cyclic steam injection.

3.

Hydraulic fracturing or "fracking" — a well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing the production of oil or gas from a well.

4.

Acid fracturing — a well stimulation treatment that, in whole or in part, includes pressurized injection of acid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing the production of oil or gas from a well.

5.

Acid matrix stimulation treatment — an acid treatment conducted at pressures lower than the applied pressure necessary to fracture the underground geologic formation.

6.

Acid well stimulation treatment — a well stimulation treatment that uses, in whole or in part, the application of one or more acids to the well or underground geologic formation. The acid well stimulation treatment may be at any applied pressure and may be used in combination with hydraulic fracturing treatments or other well stimulation treatments. Acid well stimulation treatments include acid matrix stimulation treatments and acid fracturing treatments.

7.

Disposal or storage of the substances used in or the waste or byproducts of the uses listed above, including but not limited to hydraulic fracturing fluid, acid well stimulation fluid, well stimulation treatment fluid, flowback fluid, wastewater or produced water, other than storage associated with transportation through the county for disposal or storage outside of the county.

8.

Disposal or storage in pits or sumps of any wastewater or produced water that is a byproduct of the uses listed in Section 17.06.040(I).

B.

High-Intensity oil and gas operations do not include produced water injection, storage tanks for produced water, and routine well cleaning and maintenance activities. Waterflood injection that does not use imported water, shallow well water or surface water and/or does not inject chemicals designed for well production increase (other than those found naturally in produced water or which are necessary for routine well maintenance or clarifier use) is excluded and does not constitute high-intensity oil and gas operations, as long the injection complies with all applicable state law and regulations.

(Ord. No. 2016-38, § 1, 8-2-16)

High-intensity oil and gas operations are prohibited in the unincorporated areas of the county. The development, construction, installation, or use of any facility, appurtenance, or above-ground equipment, whether temporary or permanent, mobile or fixed, accessory or principal, in support of high-intensity oil and gas operations is prohibited in the unincorporated areas of the county.

(Ord. No. 2016-38, § 1, 8-2-16)

A.

Within one year of the effective date of this section, the owners and operators of any existing high-intensity oil and gas operations shall bring land uses into conformity with this chapter.

B.

The one-year amortization period permitted by subsection A may be extended on a case-by-case basis if the planning commission determines that a high-intensity oil and gas operations owner or operator has shown that one year is not a reasonable amortization period pursuant to state law and Section 17.06.140. Any extension may be only for the minimum length of time necessary to provide a reasonable amortization period.

(Ord. No. 2016-38, § 1, 8-2-16)

The provisions of Sections 17.06.100 through 17.06.120 shall not be applicable to the extent, but only to the extent, they would violate the constitution or laws of the United States or of the State of California.

In the event a property owner contends that application of these provisions effects an unconstitutional taking of property, the property owner may request, and the planning commission may grant, an exception to application of these provisions in accordance with Section 17.06.140.

(Ord. No. 2016-38, § 1, 8-2-16)

A.

A person claiming a vested right to uses prohibited by Sections 17.06.100 through 17.06.120 must apply to the county for a determination that the vested right exists. Notice of the hearing shall be made in accordance with the procedures provided by Section 17.54.830. The determination shall be made by the planning commission, following a public hearing. Upon a determination that the vested right exits, the use may continue subject to the sections of this title concerning nonconforming uses (Sections 17.52.610 through 17.52.730). The determination shall be appealable to the Board of Supervisors pursuant to Sections 17.54.670—17.54.710.

B.

The applicant for any exemption shall submit as part of the application any and all evidentiary support reasonably available sufficient to establish the basis for the claim of exemption.

C.

A determination of exemption application shall be approved or conditionally approved only if the review authority first makes the following findings:

1.

The applicant obtained prior to the effective date of this section, a vested right to conduct high-intensity oil and gas operations;

2.

Approving or conditionally approving the application is required because the applicant has shown that a one year amortization period is not a reasonable amortization period pursuant to state law; and

3.

The extension is no longer than the minimum length of time necessary to provide a reasonable amortization period.

D.

No enforcement action shall be taken against any owner or operator of an existing facility if an application for a determination of exemption has been filed in compliance with this section and the application has not expired, or final action to deny the application has not occurred.

(Ord. No. 2016-38, § 1, 8-2-16)