A.

Purpose: The purpose of this Section is to provide standards for those projects which constitute ridgeline development.

B.

Applicability: The provisions of this Section are applicable to all proposed ridgeline development in the County Monterey.

C.

Ridgeline development shall require a Use Permit in each case.

D.

A Use Permit for ridgeline development may be approved only if the following finding, based on substantial evidence, may be made:

The ridgeline development, as conditioned by permit, will not create a substantially adverse visual impact when viewed from a common public viewing area.

A.

Purpose: The purpose of this Section is to provide development standards which will allow for the protection, maintenance, and, where possible, enhancement and restoration of environmentally sensitive habitats. The environmentally sensitive habitats of Monterey County are unique, limited, and fragile resources important to the enrichment of present and future generations of County residents and visitors.

B.

Applicability: The provisions of this Section shall be applicable to areas known by available resource information, review or other research, to contain environmentally sensitive habitats.

C.

Regulations: Biological Survey Requirement.

1.

A biological survey shall be required for all proposed development meeting one or more of the following criteria:

a.

The development is proposed within a known environmentally sensitive habitat, based on the most current resource maps, other reliable other available resource information, or through the planner's on-site investigation;

b.

The development is located within one hundred (100) feet of an environmentally sensitive habitat, and has potential negative impact on the long-term maintenance of the habitat.

2.

The survey shall be required, submitted, and meet approval of the Director of Planning prior to the project application being determined complete.

3.

The survey shall be prepared by a qualified biologist, as selected from the County's list of consulting biologists maintained by the Planning Department. Report preparation shall be at the applicant's expense.

4.

The biological survey shall contain the following elements:

a.

Identify the property surveyed, with accompanying location map and site plan showing topography and all existing and proposed structures and roads, and the proposed project site or sites;

b.

Describe the method of survey;

c.

Identify the environmentally sensitive habitat found on the site and within one hundred (100) feet of the site with an accompanying map delineating the habitat location or locations.

d.

Describe and assess potential impacts of the development on the environmentally sensitive habitat(s) identified in the survey found on the site or on neighboring properties;

e.

Recommend mitigation measures which will reduce impacts;

f.

Assess whether the mitigation measures will reduce the development's impact to an insignificant level.

5.

The biological survey shall be waived by the Director of Planning for development of a single family dwelling on a vacant lot created through subdivision or lot line adjustment, for which an accepted biological survey was previously prepared.

D.

General Development Standards.

1.

Development, including vegetation removal, excavation, grading, filling, and construction of roads and structures be prohibited in environmentally sensitive habitats. exception, resource dependent uses, including nature education and research, hunting, fishing and aquiculture, may be allowed within environmentally sensitive habitats if it has been determined through the biological survey that impacts of such uses will not harm the habitat's long-term maintenance.

2.

Development on parcels containing or within one hundred (100) feet of environmentally sensitive habitats, shall be permitted only they will not have a significant adverse impact on the habitat's long-term maintenance, either on a development or cumulative basis. Development shall only be approved where conditions of approval are available which will mitigate adverse impacts to and allow for the long-term maintenance of the habitat, as determined through the biological survey.

3.

Removal of indigenous vegetation and land disturbance, such as grading, excavation, paving, and fill, in or within one hundred (100) feet of environmentally sensitive habitats shall be limited to that necessary for the structural improvements and driveway access. Modifications to the proposal shall be made for siting, location, design, bulk, vegetation removal, and grading where such modifications will reduce impacts to the habitat.

4.

The use of native species consistent with and found in the project area shall be required in landscaping required as a condition of project approval.

5.

Development activities which would adversely affect the breeding habitat of rare, threatened and endangered birds shall be regulated by conditions of project approval to avoid significant impacts during their breeding and nesting seasons.

(Ord. No. 5135, § 142, 7-7-2009)

A.

Purpose: The purpose of this Section is to provide development standards which will support the preservation of agricultural soils and to protect productive farmland not on prime soils.

B.

Applicability: The regulations of this Section are applicable in all zoning districts where agricultural uses are allowed.

C.

Regulations:

1.

Conversion of uncultivated land to cropland shall not be permitted on slopes over twenty-five (25) percent.

2.

A Use Permit shall be required for development of new or expanded agricultural operations on uncultivated slopes of fifteen (15) percent—twenty-five (25) percent in the North County Area Plan, Central Salinas Valley Area Plan and Cachagua Area Plan areas.

D.

Section 21.66.030D of Chapter 21.66 of Title 21 of the Monterey County Code is repealed.

E.

Agricultural Management Plan Requirement:

1.

An Agricultural Management Plan shall be required for the development of new or expanded agricultural uses pursuant to Section 21.66.030C2.

2.

The plan, if required, shall be prepared by a consultant selected by the applicant from the County list of Agricultural Viability Report Consultants, at the applicant's expense.

3.

The Agricultural Management Plan, if required, shall contain, at a minimum, the following elements:

a.

Location map (1″ = 2000′);

b.

Scale site plan showing the entire parcel, and proposed and existing structures (including accessory agricultural structures and residences), roads, fences, contours, wells, water lines, septic tanks and leach lines;

c.

Scale plan showing the entire parcel, and existing land uses, areas presently under and proposed for cultivation, areas of vegetation type, areas to be cleared, and areas to be graded for the development;

d.

Soils analysis, discussing soils conditions (including erosion potential and erosion control) and their relationship to appropriate agricultural management on the parcel;

e.

Water availability and demand, and the relation to appropriate agricultural management on the parcel;

f.

Map delineating areas which are suitable for agricultural production, based on soils, water, and other conditions as deemed appropriate by the consultant in the absence of an agricultural viability report;

g.

Description and analysis of existing and proposed agricultural activities on the parcel, including types of crops and acres under cultivation, geographic distribution of crops over the parcel, rotation of crops, and related agricultural activities, including agricultural goods and equipment storage, packing and processing;

h.

Erosion control plan element;

i.

Hydrologic report element;

j.

Description of recommended agricultural management techniques for the parcel and proposed development or development alternatives to reduce erosion, conserve water, protect water quality, and minimize impacts to plant and animal habitats.

4.

The plan shall be reviewed by the Soil Conservation Service, County Agricultural Commissioner, and any other agencies or departments appropriate for the specific project. After comments have been received, the Director of Planning may require that the plan be revised to include additional information or assessment as deemed necessary by the reviewing agencies. A third party review may also be required at applicants expense. All departmental review, report revisions, and third party review must be complete before the plan may be approved by the Director of Planning.

5.

The plan shall be required, submitted, and approved by the Director of Planning prior to the application being determined complete.

F.

General Development Standards.

1.

Subdivision of parcels located in "F" (Farmlands), "PG" (Permanent Grazing) or "RG" (Rural Grazing), or any land under Williamson Act contract, shall only be permitted when such subdivision does not adversely affect the land's long-term agricultural viability. Each subdivided parcel must be capable of remaining a viable agricultural unit, as determined through the agricultural viability report prepared for the project.

2.

New development adjacent to agricultural areas shall be required to establish a well-defined buffer zone within the area to be developed. The area to be utilized as a buffer shall be placed in an easement, required as a condition of project approval. Requirements for the easement are as follows:

a.

The easement width shall be sufficient to protect agriculture from impacts of new residential or other incompatible development and to mitigate against the effects of agricultural operations on the proposed uses. For development adjacent to "F", "PG" or "RG" Zoning Districts, the easement shall be a width of two hundred (200) feet, or wider where necessary to mitigate adverse impacts between agricultural and adjacent land uses. In all other zoning districts, the easement may be reduced to a width of not less than fifty (50) feet.

b.

The easement shall extend the full length of the boundaries between the property to be developed and adjacent agricultural lands. Permanent roads which have been established by a dedicated road easement, or which have been paved, or which are a public road, may serve as part of this easement.

c.

Land within the easement may not be used for recreational areas as part of housing projects or public facilities. Minor storage structures or sheds associated with the residential uses may be permitted within the easement area. Specific permitted and prohibited uses shall be stipulated in the easement document.

3.

Agricultural support services such as coolers, cold storage, loading docks, and commercial farm equipment shops may be in "F" (Farmlands), "RG" (Rural Grazing) or "PG" (Permanent Grazing) Districts subject to a Use Permit provided that:

a.

The land on which the support facilities are proposed is not suitable for cultivation because of irregular terrain or inadequate soil quality, or other physical constraints which limit agricultural productivity; and

b.

The proposed support facilities are a necessary accessory to the cultivation, harvesting, or processing of crops raised by the applicant on the same property where the support facilities are proposed; and

c.

The maintenance and operation of the proposed support facilities will not impair the ability to produce crops on either the remainder of the subject property or neighboring properties; and

d.

The agricultural support facilities are in connection with the cultivation, harvesting, processing, or storage of crops grown on lands in close proximity to the subject property, especially when the maximum amount of prime farmland for production would be preserved, expanded, or enhanced.

e.

The land on which the support facilities are constructed shall not be subdivided from the remainder of the subject property.

f.

Agricultural support facilities shall be compatible with land uses on neighboring properties.

(Ord. 3784, 1994)

(Ord. No. 5135, § 143, 7-7-2009)

A.

Purpose: The purpose of this Section is to provide development standards which regulate land use and develop using the best available planning practices, in order to minimize risk to life and property and damage to the natural environment.

B.

Applicability: The regulations of this Section are applicable in all zoning districts.

C.

Regulations:

1.

Geologic Report Requirement.

a.

Regardless of a lot's seismic hazard zone, a geologic report shall be required for the following projects:

1.

New power plants;

2.

Large dams;

3.

Manufacturing explosives;

4.

New hospitals;

5.

Emergency communication facilities;

6.

Schools, detention centers, civic buildings, and other public facilities.

b.

Regardless of a lot's seismic hazard zone, a geologic report shall also be required for any development project located in the following areas:

1.

Landslide areas, or areas showing evidence of ground movement within historic times;

2.

Within fifty (50) feet of the face of a cliff or bluff or within the area of a twenty (20) degree angle above horizontal from the face of a cliff, whichever is greater;

3.

Within one-eighth mile of an active or potentially active fault;

4.

On slopes of greater than thirty (30) percent; and

5.

In any area of known geologic hazards.

c.

If a parcel is located in Seismic Hazard Zone IV, V, or VI, in Recent Alluvium or in Unstable Uplands areas, a geologic report shall be required for, the following types of projects:

1.

Churches;

2.

Theaters;

3.

Hotels, motels;

4.

Utility centers;

5.

Large commercial or industrial structures or centers which are not exempt from environmental review under CEQA;

6.

Apartment buildings.

d.

If a parcel is located in Seismic Hazard Zone VI, an Unstable Uplands or Recent Alluvium area, or in an area of a known and documented hazard, a geologic report shall be required for, the following types of projects:

1.

Single family dwellings in an immediate hazard area;

2.

Small commercial or industrial structures in immediate hazard areas which are exempt from environmental review under CEQA; and,

3.

Grading in immediate hazard areas.

e.

Projects which require no report, unless a hazard is known and documented, include but are not limited to:

1.

Uninhabited structures;

2.

Pole barns;

3.

Storage shed;

4.

Greenhouses;

5.

Uses in existing structures;

6.

Structural additions which are exempt from environmental review under CEQA;

7.

Additions to water systems;

8.

Outdoor public gatherings;

9.

Other uses of a similar nature.

f.

The report shall be prepared, at the applicant's expense, by a registered geologist or certified engineering geologist.

g.

The report shall be required and deemed adequate by the Department of Planning prior to application being considered complete.

h.

Third party review by a registered geologist or certified engineering geologist may be required at the applicant's expense if the County finds the applicant's report faulty.

i.

The report shall be consistent with "Guidelines for Geologic/Seismic Reports" of the California Division of Mines and Geology (CDMG Notes No. 37) and shall include, at a minimum, the following elements, as applicable to the site:

1.

Regional geologic setting;

2.

Geologic conditions, including soil, sediment and rock types and characteristics in addition to structural features such as bedding, joints and faults;

3.

Evidence of past landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity both on-site and off-site;

4.

Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of sewage effluent and irrigation water to groundwater system, and alterations in surface drainage);

5.

Effect of the proposed development including siting, structural design, septic system, landscaping, drainage, and grading, and impacts of construction activity on the stability of the site and the adjacent area;

6.

Any other factors that might affect slope stability;

7.

Potential erodibility of site and mitigating measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); and,

8.

Any other recommended mitigation measures.

2.

Development Standards.

a.

If a geologic report has been prepared for a proposed development, the following requirements shall apply:

1.

The report recommendations shall be incorporated into project design, as follows:

a.

If the proposed development requires a discretionary permit, the recommendations contained in the report shall be made conditions of project approval.

b.

If the proposed development requires only a ministerial permit, the recommendations contained in the geologic report shall be incorporated into project design.

c.

All structures, with the exception of utility lines where no alternative route is feasible, shall be sited a minimum of fifty (50) feet from an identified active fault. Greater setbacks may be required where it is warranted by local geologic conditions, as recommended in the geologic report prepared for the project.

3.

Development shall be sited and designed to conform to site topography so as to minimize grading and other site preparation activities where feasible. Modifications in location siting shall be required where such modifications will allow better conformity to natural topography and minimize required grading.

4.

Development of new roads on slopes of thirty (30) percent and greater shall only be allowed where potential erosion and geologic impacts can be adequately mitigated. Adequate mitigation shall be that level at which the proposed development will not induce landsliding, significant soil creep, nor increase existing rat erosion. Mitigation measures shall not include massive grading or excavation, or the construction of protective devices that substantially alter landforms.

(Ord. No. 5135, § 144, 7-7-2009)

A.

Purpose: The purpose of this Section is to provide development standards which assure the maintenance and protection of the County's archaeological and tribal cultural resources. New land uses and development, both public and private, shall be considered compatible with this intent only where they incorporate all site planning and design features necessary to avoid or mitigate impacts to archaeological and tribal cultural resources to the greatest extent possible and as permitted by law.

B.

Applicability: The regulations of this Section are applicable in all zoning districts.

C.

Report Requirements:

1.

A Phase I Inventory of Archaeological Resources, meeting the standards contained in Subsection D of this Section, shall be required for any development located within the following areas:

a.

"High Archaeological Sensitivity Zone" as mapped on current County resource maps;

b.

"Moderate Archaeological Sensitivity Zone", as mapped on current County resource maps and if the development requires environmental assessment according to CEQA;

c.

"Low Archaeological Sensitivity Zone" where specific information is already known to exist which states that archaeological resources are present; and

d.

Within two hundred fifty (250) feet of a known archaeological or tribal cultural resource.

2.

Report Waiver Criteria: The Director of Planning may waive the Phase I Inventory under the following circumstances, provided the waiver is permissible under state and federal law:

a.

The development involves Routine and On-going Agricultural Activities only;

b.

A previous report was prepared for the site by a qualified archaeologist, and the report clearly and adequately included the proposed development site within the scope of its survey and the results of that survey were negative;

c.

The development is located within a previously disturbed area where substantial evidence is provided that the previous ground disturbance affected depths equal to or greater than the project being considered; or

d.

The development involves minimal soil disturbance, except as provided in Section 21.66.050.C.2.e, such as:

i.

Replacement of post holes for fences, decks and similar improvements

ii.

Repair and maintenance of underground utilities;

iii.

Well drilling, not including excavation for discharge pits;

iv.

Small ground-mounted photovoltaic systems; and

v.

Other development of a similar character to those listed above.

e.

Excepting activities described in Section 21.66.050.C.2.a, waivers pursuant to this subsection shall not be granted in circumstances where a project is located within two hundred fifty (250) feet of known archaeological resources, or where evidence exists that archaeological resources may be present on the site.

f.

In all cases, whether the Phase I report is waived or not, all state and federal laws and regulations protecting burial sites and Native American resources shall be followed. In addition, nothing in this Section is intended to supersede or in any way alter or lessen the effect of the California Native American tribal notification and consultation process required in Subsection F of Section 21.66.050.

D.

Report Standards and Contents: When a Phase I Inventory is required pursuant to Section 21.66.050, the following standards shall apply:

1.

Phase I: A Phase I Inventory of Archaeological Resources shall include, at a minimum, a records search of available resource information at the Northwest Information Center of the California Historic Resources Information System (CHRIS). This records search will, at a minimum, determine whether a part or all of the project area has been previously surveyed for archaeological resources, whether any known archaeological resources have already been recorded on or adjacent to the project area, and whether the probability is low, moderate, or high that archaeological resources are located within the project area. Following the background research, a field survey by a professional archaeologist shall be conducted in accordance with accepted standards and practices. The field survey shall include at a minimum an inspection of the site for evidence of surface and, if appropriate, subsurface archaeological resources.

a.

If the Phase I Inventory of Archaeological Resources investigation reveals that the site does not contain archaeological resources, no further review is necessary unless otherwise noted by the archaeologist.

b.

If the Phase I Inventory of Archaeological Resources investigation reveals any information indicating that the site is likely to contain archaeological resources, a Phase II Evaluation of Archaeological Resources shall be required unless either of the following apply:

i.

There is substantial evidence, absent the Phase II Evaluation, that the project will have a significant impact on archaeological resources and those impacts cannot be avoided pursuant to Section E of this Section, in which case a Phase III Plan may be prepared without a Phase II Evaluation; or

ii.

If the location of resources can reasonably be determined based on the Phase I Inventory and all development is located to avoid impacts to those identified resources, no further archaeological reports are necessary if the conditions recommended by the archaeologist are applied to the project.

2.

Phase II Evaluation of Archaeological Resources: A Phase II Evaluation shall be prepared with the goal of determining site boundaries, an evaluation of the site's significance pursuant to Public Resources Code Section 21083.2(g), and an evaluation of avoidance measures pursuant to Subsection E.2 of Section 21.66.050, if applicable. A Phase II Evaluation may include test excavations when adequate data from previous reports are not available to assess a site's significance; however, prior to recovering any archaeological materials for testing and/or carbon dating, the archaeologist shall consider the appropriate disposition of materials in consultation with the Director of Planning and the property owner. This consultation does not relieve an owner or owner's representative from following the process mandated by law when human remains are involved.

a.

If no unique archaeological resources are found during the Phase II Evaluation, no further reports are necessary unless the Director of Planning determines that there is substantial evidence in the record that significant resources may be affected by the project despite the negative Phase II findings. Despite a negative finding in the Phase II Evaluation, conditions recommended by the archaeologist and the California Native American tribe through the consultation process shall be applied to the project as appropriate.

b.

If the Phase II Evaluation of Archaeological Resources determines that unique archaeological resources may be present, the Phase II Evaluation shall include consideration of the avoidance measures required in Subsection E.2 of Section 21.66.050. If significant resources cannot be avoided, a Phase III Data Recovery Plan shall be prepared.

c.

This Section does not prohibit the Director of Planning from making a determination, based on substantial evidence, that non-unique archaeological resources are significant tribal cultural resources. In making such a determination, the Director of Planning shall consider the importance of the resource to the California Native American Tribe.

3.

Phase III Data Recovery Plan: A Phase III Data Recovery Plan shall evaluate a project's impacts on unique archaeological resources and shall set forth the reasons, based on substantial evidence, why avoidance measures required in Subsection E.2 are not feasible under the circumstance of the case. A Data Recovery Plan shall follow the California Secretary of the Interior's Guidelines for Archeological Documentation. The Phase III Plan shall include treatment of archaeological resources with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including but not limited to the following:

a.

Protecting the cultural character and integrity of the resource;

b.

Protecting the traditional use of the resource; and

c.

Protecting the confidentiality of the resource.

4.

Report Format and Standards:

a.

In all cases, written reports shall be prepared consistent with the report format requirements contained in the State Office of Historic Preservation Archaeological Resource Management Reports (ARMR): Recommended Contents and Format guidelines. A single report may incorporate more than one Phase where appropriate to minimize redundancy and expense. All reports shall be filed with appropriate state agencies.

b.

Submittal of the applicable report(s), to the Director of Planning, shall be required prior to a project application being considered complete.

c.

The report(s) shall be prepared, at the applicant's expense, by a qualified archaeologist, either from the County's list of archaeological consultants or by a member of the Register of Professional Archaeologists who is familiar with California Central Coast archaeology. The applicant shall also be responsible for paying for the costs of data recovery and curation of recovered materials, if applicable.

E.

Development Standards:

1.

Impacts to unique archaeological resources and tribal cultural resources shall be avoided to the extent feasible. In all cases where unique archaeological resources or tribal cultural resources are identified, the following avoidance measures shall be considered:

a.

Avoidance and preservation of the resources in place, including but not limited to revising the project design or location to protect the resources and their natural context including through use of green spaces, parks or other open space to incorporate the resources with culturally appropriate protection and management criteria;

b.

Placing the area within a permanent conservation easement or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places;

c.

Limitation of public access; and

d.

Other feasible methods of avoidance and protection of the resource.

2.

Mitigation based on a Data Recovery Plan (Phase III Plan) is allowed only upon a showing by the project applicant, based on substantial evidence, that avoidance is not feasible. Prior to the Data Recovery Plan being accepted as complete by the Director of Planning, evidence shall be submitted demonstrating that avoidance is not feasible.

3.

The results of all data recovery activities shall be compiled into a final report. The final report shall be prepared by a qualified archaeologist and submitted to the Director of Planning for review and approval prior to final grading or building inspections.

F.

California Native American Tribal Consultation:

1.

In addition to the archaeological report requirements of this Section, the Director of Planning or his or her designee shall provide formal written notification in accordance with Public Resources Code section 21080.3.1 and the procedures in this Section to the California Native American tribe or tribes that are traditionally and culturally affiliated with the project area if that tribe(s) has requested notification from the County of proposed projects.

2.

The Director's notification of the tribe(s) shall occur as early as possible in the project review process but no later than fourteen (14) days after determining an application for a project complete. Notification pursuant to this Section shall not be required for the following types of projects:

a.

Ministerial projects that are not subject to the California Environmental Quality Act (CEQA);

b.

Projects that are statutorily exempt from CEQA; and

c

Projects that have filed a notice of preparation of an environmental impact report or a notice of intent to adopt a negative declaration or mitigated negative declaration on or before June 30, 2015.

3.

For the purposes of this Section, the County will rely upon the list maintained by the California Native American Heritage Commission to identify the California Native American tribe or tribes that are traditionally and culturally affiliated with the project area.

4.

Formal written notification shall include at a minimum the following:

a.

A description of the proposed project and its location;

b.

The planner's contact information, and

c.

A notification to the tribe(s) that they have thirty (30) days from the date of receipt of the notice to request formal consultation.

5.

This Section does not prohibit any California Native American tribe or individual from participating in the project review process, apart from the consultation process, on any issue of concern as an interested California Native American tribe, person, citizen, or member of the public.

6.

If the California Native American tribe requests consultation within thirty (30) days of the notification, the County shall consult with the designated tribal representative within thirty (30) days of the request for consultation. Consultation, if requested, shall be carried out prior to the release of any document required to be prepared under the California Environmental Quality Act and prior to any final determination by the Appropriate Authority to approve the project.

7.

The purpose of the consultation shall be to determine if the project may have a significant effect on a tribal cultural resource and, if the project is determined to have a potentially significant effect on tribal cultural resources, to discuss appropriate avoidance, minimization, and mitigation measures.

8.

As part of the consultation, the parties may propose mitigation measures capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project's impacts on the tribal cultural resources and, if necessary, project alternatives or appropriate measures for preservation of tribal cultural resources or mitigation of impacts upon those resources.

9.

All parties to the consultation shall act in good faith and with appropriate dignity and respect for other parties involved.

10.

Any mitigation measure(s) agreed upon in the consultation shall be discussed in the environmental document prepared for the project pursuant to the California Environmental Quality Act and included in the mitigation monitoring and reporting plan if applicable. If no environmental review is required, the measures shall be incorporated in the design of the project or as conditions of approval if feasible.

11.

Consultation shall be considered concluded when either of the following occur:

a.

The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or

b.

A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.

12.

If measures are not identified in the consultation process and the project may cause a substantial adverse change to a tribal cultural resource, mitigation measures that avoid or minimize adverse impacts shall be considered. Mitigation measures that, if feasible, may be considered include:

a.

Avoidance and preservation of the resources in place, including but not limited to, planning and construction to avoid the resources and protect the cultural and natural context;

b.

Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the preservation and utilization of resources or places.

c.

Treating the resource with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including, but not limited to:

i.

Protecting the cultural character and integrity of the resource;

ii.

Protecting the traditional use of the resource; and

iii.

Protecting the confidentiality of the resource.

G.

Regulations Applicable to All Development: If at any time during the course of construction, previously unidentified archaeological resources are discovered, earth-disturbing activities shall stop within the vicinity of the find, and the project planner and a qualified archaeologist shall be contacted to assess the appropriate course of action. Where human remains are involved, the County Coroner shall also be contacted as required by law. Work shall not resume in the area until the find can be evaluated and an appropriate mitigation plan is developed.

H.

Prior to adoption of any General Plan or Specific Plan or an amendment thereto, consultation with Native American representatives shall be carried out consistent with California Government Code Section 65352.3 and the Tribal Consultation Guidelines published by the Governor's Office of Planning and Research.

I.

Nothing in this Section shall be interpreted to supersede or in any way alter or lessen the effect of any state or federal laws governing the protection of human remains or the California Environmental Quality Act.

(Ord. No. 5135, § 145, 7-7-2009; Ord. No. 5253, § 2, 4-28-2015)

Editor's note— Ord. No. 5253, § 2, adopted April 28, 2015, changed the title of Section 21.66.050 from "Standards for archaeological resource areas" to read as herein set out.

A.

Purpose. The purpose of this section is to provide the minimum standards for the application and development of agricultural employee housing.

B.

Applicability. The regulations of this section are applicable in those zoning districts which allow agricultural employee housing.

C.

Regulations.

1.

Development of agricultural employee housing is subject to the following requirements, based on the size of the facility and the zoning district of the subject property:

a.

In the Farmlands, Rural Grazing and Permanent Grazing Zoning Districts, 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 is an allowed use;

b.

In the Farmlands, Rural Grazing and Permanent Grazing Zoning Districts, agricultural employee housing consisting of thirty-seven (37) or more beds in a group quarters or thirteen (13) or more units or spaces designed for use by a single family or household shall require a Use Permit.

2.

Prior to the issuance of a Use Permit for agricultural employee housing exceeding twelve (12) units or thirty-six (36) beds, the operator of the agricultural employee housing facility shall submit a facility plan to the Planning Director consisting of the following information:

a.

Entity responsible for housing maintenance and up-keep;

b.

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

c.

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

d.

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 laborers;

e.

Location of where the employees will work;

f.

Assessment of how much water will be used by the proposed development and description of how water is proposed to be supplied to the housing, including water source location and type, water quality, water quantity, and storage; and

g.

Description of the sewage disposal method, such as septic systems, to be used to service the housing.

3.

Agricultural employee housing for more than twelve (12) units or thirty-six (36) beds shall not be issued a Use Permit unless the following criteria are satisfied:

a.

There must be adequate water and sewer available to service the development, as determined by the Director of Environmental Health.

b.

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.

c.

The development shall incorporate proper erosion and drainage controls.

d.

Enclosed storage facilities shall be provided for each housing or dwelling unit.

e.

Laundry facilities, including washers and dryers, shall be provided on-site.

f.

The site design of the facilities shall be subject to the approval of the Director of Planning.

g.

The development of more than twelve (12) dwelling units shall require inclusion of recreation facilities and open space, proportional to the amount and type of facilities to be provided. The facilities shall require children's play equipment. Adult housing shall require the inclusion of appropriate recreational areas, such as for baseball, basketball, soccer or horseshoe pitching.

h.

The development shall be landscaped pursuant to a landscaping plan approved by the Director of Planning prior to issuance of building permits for the facility.

i.

All recreational areas and landscaping shall be installed prior to occupancy of the facilities. Landscaped areas shall be maintained.

D.

When applicable, Use Permits for agricultural employee housing may be conditioned to expire at a time to be specified by the Appropriate Authority at the time of Use Permit approval. Renewal of the Use Permit shall require on site inspections by the Planning Department and Health Department, prior to public hearing, to assess compliance with the previous conditions of approval.

(Ord. No. 5177, § 56, 5-24-2011; Ord. No. 5135, § 146, 7-7-2009)

Editor's note— Ord. No. 5177, § 56, adopted May 24, 2011, changed the title of Section 21.66.060 from "Standards for farm employees and farm worker housing" to "Standards for agricultural employee housing." The historical notation has been preserved for reference purposes.