King City City Zoning Code
CHAPTER 17
79 SEASONAL EMPLOYEE HOUSING
§ 17.79.005 Title.
The city adopts this chapter, which shall be known as the “Seasonal Employee Housing Ordinance.” When allowed in the applicable zone or as part of a dual land use designation, seasonal employee housing is subject to the requirements of this chapter. Nothing in this chapter shall prevent the ability to house domestic seasonal workers or seasonal employees in other single-family homes that meet all other requirements and standards for those housing types and zones. Seasonal employee housing that is developed pursuant to an approved existing specific plan in existence as of the adoption of the ordinance codified in this chapter are exempt from this chapter.
(Ord. 759 § 2, 2018)
§ 17.79.010 Purpose.
The purpose of this seasonal employee housing ordinance is to establish provisions and standards to ensure adequate and safe living conditions of seasonal employee housing in the city.
(Ord. 759 § 2, 2018)
§ 17.79.020 Definitions.
“Common area/shared space”
means areas including kitchen, dining room, and bathroom(s).
“Exterior open space”
means a piece of land that is undeveloped and accessible to, and useable by the occupants of the facility. This includes, but is not limited to, sitting areas, barbeque areas, sports fields, etc.
“H-2A Temporary Agricultural Workers Visa Program”
is a federal program that allows foreign nationals entry into the U.S. for temporary or seasonal agricultural work.
“H-2B Temporary Non-agricultural Workers Visa Program”
is a federal program that allows employers to hire foreign nationals to perform temporary non-agricultural services or labor on a one-time, seasonal, peak load or intermittent basis.
“Housing and Community Development Department” or “HCD”
means a department within the California Business, Consumer Services and Housing Agency that develops housing policy and building codes.
“Interior leisure area”
means an area designated and used for recreational activities by the occupants of the facility. This includes, but is not limited to, lounge, study, recreation room, etc.
“Seasonal employees”
mean temporary and transitory employees intending to work ten months or less in the region.
“Seasonal employee housing”
means seasonal employee housing that consists of any combination of dwelling units, dormitories, or spaces that house temporary employees who provide support to the agricultural industry. Seasonal employee housing does not include a hotel, motel, bed and breakfast lodging or recreational vehicle park. A single-family home serving six or fewer farmworkers pursuant to California Health and Safety Code Section 17021.5 is exempt from this definition.
(Ord. 759 § 2, 2018)
§ 17.79.030 Federal, state and local regulations.
Seasonal employee housing provided by the employer and maintained in connection with the work or place where work is being performed must comply with all provisions of federal, state and local regulations, as applicable, including Section 17008(a) of the California Health and Safety Code. Seasonal employee housing not maintained in connection with any workplace and provided by someone other than an employer shall comply with all provisions of applicable local, state and federal laws.
(Ord. 759 § 2, 2018)
§ 17.79.040 Seasonal employee housing.
(a)
The general plan allows a dual land use designation for seasonal employee housing, as shown on the general plan diagram and zoning map. Use as seasonal employee housing requires a conditional use permit and architectural review.
(b)
Standards governing setbacks for the primary land use designation and associated zoning shall apply to seasonal employee housing uses, unless a specific plan is approved pursuant to Municipal Code Chapter 17.33 that authorizes deviation from the minimum requirements. All submittal requirements of a conditional use permit and architectural review applications shall be submitted with a specific plan.
(c)
Mixed-use projects consisting of the primary and secondary land uses of the dual land use designations are permitted subject to approval of a specific plan, pursuant to Municipal Code Chapter 17.33. All submittal requirements of a conditional use permit and architectural review applications shall be submitted with a specific plan.
(d)
In the event structures used for seasonal employee housing facilities are proposed to be converted to some other use, the facilities shall be subject to all applicable zoning ordinance and other applicable ordinances or standards for the proposed new use that are in effect at the time of approval of the proposed change of use.
(Ord. 759 § 2, 2018)
§ 17.79.050 Architecture and design standards.
(a)
Seasonal employee housing shall have the same architectural and design standards as for other residential housing units and be designed to compatibly integrate into the neighborhoods in which they are located, including, but not limited to, architecture, landscaping, and outdoor space.
(b)
Seasonal employee housing designs shall provide comfortable living space for each of the residents.
(c)
First Street is the primary entrance to the city, therefore, basic architectural and design standards shall be included in projects along the First Street Corridor. Consistent architectural design, including general building details, materials and color tones shall be carried throughout all the buildings of a development site, subject to the following guidelines:
(1)
Building Massing and Form. All building elevations facing public streets, whether such elevations function as the front, side, or rear of the building, shall be designed to avoid the appearance of the “back of the building.” These façades shall be designed with materials, colors, details, textures and features that are similar to the front façade. Blank walls are prohibited.
(2)
Materials. In order to strengthen the traditional image of small town development, wood, brick, stuc-co, and siding are the most appropriate materials for buildings. Metal siding, metal façades, nonarchitectural exposed concrete and mirrored or highly reflective glass or glazing are not permitted. Wall tiles and rock facades are encouraged to provide horizontal and vertical articulation. Fence materials and colors shall complement the building design.
(3)
Colors. Colors shall be selected in general harmony with the entire development. There should be a minimum of three complimentary colors. Predominant building colors are encouraged to be earth tones and light pastel colors. Predominant building colors shall not include black or florescent colors.
(4)
Security. Security of the site is required to be addressed in site design. The applicant is required to submit documents that demonstrate the security measures of the site design in relation to private, semi-public and public areas, by utilizing natural surveillance, access control and proper maintenance. Security shall also comply with the requirements of Section 17.79.060(a)(8) of this code.
(5)
Lighting/Glare. Use as seasonal employee housing shall require submission and approval of an approved lighting plan. The lighting plan should consider lighting schemes to create safe environments for pedestrians and motorists and use of lighting as an integral design element which adds to the overall site plan and building design.
(6)
Landscaping. Landscaping is required as a tool to enhance and beautify the site, and the building’s architecture and design. Native plant species should be used with water efficient irrigation systems. Outdoor amenities such as patios, plazas, water features and outdoor seating areas are encouraged.
(7)
Screening. Outdoor storage areas, generators, A/C units (including rooftop units), and trash enclosures are required to be fully screened using approved masonry fencing and landscaping.
(d)
All projects should be designed using Crime Prevention Through Environmental Design (CPTED).
(Ord. 759 § 2, 2018)
§ 17.79.060 Supplemental requirements.
(a)
In addition to federal and state minimum standards, as well as city standards and the requirements of this code, the following shall apply to all seasonal employee housing:
(1)
Minimum Living Space Per Bed/Seasonal Employee.
(A) | Sleeping Area/Common Area/Shared Space | 110 square feet |
(B) | Exterior Open Space/Interior Leisure Area | 13 square feet |
(C) | Laundry Facilities | Washing and drying (W/D) machines shall be provided at a minimum of 1 W/D per 8 beds. If the proposed use includes more than 30 seasonal employees, laundry trays/utility sinks are required at a ratio of 1 per every 30 occupants. |
(2)
Beds Per Bedroom. There shall be no more than eight beds per bedroom/seasonal employee. There shall be at least forty square feet of floor space per bed/seasonal employee for each double bunk bed and at least fifty square feet for each bed/seasonal employee for each single-level bed.
(3)
Parking. Seasonal employee housing shall include at least one and one-half parking spaces per eight beds or per one unit, whichever is greater, one parking space per caretaker unit, one-tenth guest parking space per eight beds or per one unit, whichever is greater, and bus parking. For seasonal employee housing where the employer is required by state or federal law to provide transportation (such as H-2A and H-2B), the seasonal employee housing may utilize the following parking ratio on a pro-rata basis for seasonal employees subject to transportation requirements: at least three-quarters of a parking space per eight beds, one parking space per caretaker unit, one-tenth guest parking space per eight beds and bus parking.
(4)
Bus/Shuttle Circulation Plan. The project shall include a bus/shuttle circulation plan identifying loading and unloading of seasonal employees. The circulation plan shall identify the location of overnight parking of buses/shuttles. If they are parked onsite overnight, an appropriate screening plan shall be provided as a condition of approval. Designated parking for food service delivery vehicles shall be reviewed for accessibility, circulation and proper trash receptacles placed for collection of any debris. Screening shall include, but not be limited to, a combination of vegetation (e.g., trees, hedges), and walls/fences (e.g., decorative, screen slats).
(5)
Bicycle Racks. Seasonal employee housing shall include secure bicycle parking to accommodate bicycles. The number of racks, specific location and details to be determined as part of the project application review.
(6)
Interior Leisure Area/Exterior/Family Units Open Space. Seasonal employee housing shall identify the location(s) of all interior leisure area(s) and exterior open space areas, including amenities.
(A)
Interior leisure areas shall include:
(i)
Media lounge area with sofas, chairs, and televisions connected to cable/satellite networks.
(ii)
Computer area with tables and chairs with a minimum of two up-to-date computers connected to wifi.
(iii)
Recreation room.
(B)
Exterior open space shall include lawn furniture, picnic tables, covered seating area, and recreational play area when possible.
(C)
Housing providing for children below the age of eighteen shall include children's play equipment. This housing shall include recreational areas for activities such as soccer, basketball, baseball and similar uses.
(7)
Convertible Open Space. For seasonal employee housing where the employer is required by state or federal law to provide transportation (such as H-2A and H-2B), additional open space shall be provided that can be converted to three-quarters parking space per eight beds or per one unit, whichever is greater. This area will preferably be landscaped and capable to being converted to parking in the future (e.g., near existing parking lot), which shall be required at the time the project is converted to housing other than H-2A or H-2B. The convertible open space is in addition to the open space requirement in Section 17.79.060(a)(1)(B). Bus/shuttle parking may be considered in the convertible open space area.
(8)
Security Plan. Seasonal employee housing shall address security measures such as security cameras, security gates and fences, landscaping design and other devices for crime prevention. Security cameras facing each public street frontage are recommended.
(9)
No Destructive Device or Weapons. To the extent that occupants of the seasonal employee housing are non-citizens of the United States, such occupants shall not possess, retain on premises, use or store any firearm, weapon or destructive devices that can be used in a manner or similar to a firearm that includes, but is not limited to, rifles, shotguns, pistols or destructive devices of any kind. Destructive devices shall be defined for purposes of this condition as contained within the United States Codes, 26 USC Section 5845.
(10)
Caretaker. Seasonal employee housing shall include a full-time twenty-four/seven caretaker onsite when there is occupancy by seasonal employees. The application shall provide a description of the caretaker’s housing arrangements.
(11)
Provision of Access to Public Facilities. To the extent possible, seasonal employee housing should provide access to community facilities such as parks, recreation areas, libraries, educational facilities and shopping areas. Access can be a combination of walking, bicycling, bus or other methods, as deemed appropriate by the city.
(12)
Fencing. The parking areas shall be screened from public view by buildings, fences, landscaping or terrain features. Fencing shall be reviewed as part of the architectural review application.
(13)
Report Conversion to Non-Seasonal Employee Housing. Within sixty days, the property owner shall report to the city the conversion to non-seasonal employee housing.
(14)
Rooms and Designated Areas. All rooms and designated areas shall be utilized for approved uses only.
(Ord. 759 § 2, 2018)
§ 17.79.070 Development impact fees.
Development impact fees shall be paid, as adopted by resolution of the city council.
(Ord. 759 § 2, 2018)
§ 17.79.080 State reporting requirements.
Employee housing for five or more employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain a permit(s) with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and the California Code of Regulations. A copy of the HCD permit shall be provided to the city Building and Safety Department within fourteen days of issuance or at the time of building permit application submittal, whichever is earlier.
(Ord. 759 § 2, 2018)
