Zones. [3]
Editor's note—Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 06, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 06 pertained to LEA Land Extensive Agriculture District. See Ordinance List and Disposition Table for a detailed history of derivation.
This article identifies allowed land uses in the agricultural and resource zones, permits required for allowed uses, and general standards for site development.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
General. The agricultural and resource zones protect agricultural land and natural resource and open space areas, support the county's agricultural and natural resource economic base in a sustainable manner, and manage and conserve natural resources to avoid depletion and promote replenishment of these resources.
B.
Specific.
1.
Land intensive agriculture (LIA). The LIA zone:
a.
Enhances and protects lands best suited for permanent agricultural use and capable of relatively high production per acre of land; and
b.
Implement the land intensive agriculture land use category of the general plan and the policies of the agricultural resources element.
2.
Land extensive agriculture (LEA). The LEA zone:
a.
Enhances and protects lands best suited for permanent agricultural use and capable of relatively low production per acre of land; and
b.
Implements the land extensive agriculture land use category of the general plan and the policies of the Agricultural Resources Element.
3.
Diverse agriculture (DA). The DA zone:
a.
Enhances and protects land where soil, climate, and water conditions support farming but where small acreage intensive farming and part-time farming activities are predominant, and where farming may not be the principal occupation of the farmer; and
b.
Implement the diverse agriculture land use category of the general plan and the policies of the Agricultural Resource Element.
4.
Resources and rural development (RRD). The RRD zone:
a.
Protects lands needed for:
(1)
Commercial timber production, geothermal production, aggregate resources production;
(2)
Watershed, fish and wildlife habitat, biotic resources; and
(3)
Agricultural production activities not subject to the agricultural resources element of the general plan.
b.
Allows very low-density residential development and recreational and visitor-serving uses where compatible with resource use and available public services; and
c.
Implements the resources and rural development land use category of the general plan.
5.
Timberland production district (TP). The TP zone:
a.
Provides for timberland zoning, a yield tax to be imposed at the time of harvest, and the conservation and protection of land capable of producing timber and forest products; and
b.
Specifies compatible uses that are consistent with the Forest Taxation Reform Act of 1976.
(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
General.
1.
Table 6-1 identifies the allowed uses and permit requirements in the agricultural and resource zones.
2.
All uses may be subject to additional standards and regulations and may require a zoning permit, design review, or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 6-1.
3.
If Table 6-1 shows two permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions, as described in the use regulations for the allowed use.
B.
Additional Permits. A zoning permit, design review or other permits may be required in addition to those permits required by Table 6-1. See individual use regulations sections for additional requirements that may apply.
C.
Unlisted Land Uses.
1.
If a proposed use is not specifically listed in any allowed land use table, the use shall not be allowed, except as provided below.
2.
LIA, LEA, DA, RRD zones: For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.
3.
TP zone: For a proposed nonresidential use not listed as a permitted use in the allowed land use table, the Director may determine that the proposed use is of a similar and compatible nature and equivalent to a permitted use.
4.
When the director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.
Table 6-1:Allowed Land Uses in Agricultural and Resource Zones
Key of symbols for Table 6-1:
P = Permitted Use
P* = Permitted Use, subject to discretionary approval criteria
C = Conditional Use
- = Prohibited Use
† = Permit requirement indicated in use regulations column
D.
Williamson Act. All uses on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones.
E.
Restricted Nonagricultural Uses.
1.
For the purpose of this subsection, a "restricted nonagricultural use" means the following land uses:
a.
Agricultural farmstays
b.
Cemeteries
c.
Commercial kennels
d.
Day care centers
e.
Golf courses
f.
Horse boarding
g.
Home occupations
h.
Land and resource management
i.
Low temperature geothermal resource development
j.
Meeting facilities
k.
Non-commercial composting
l.
Public parks and playgrounds
m.
Pet fancier facilities
n.
Public safety facilities
o.
Public utility facilities
p.
Recreation and sports facilities: rural sports and recreation
q.
Renewable energy facilities
r.
Temporary events
s.
Studios for arts and crafts
t.
Telecommunication facilities
u.
Application of clean dredge material or biosolids
2.
In addition to any other applicable standards or criteria, restricted nonagricultural uses in the LIA, LEA, and DA zones are allowed, only if the applicant demonstrates that:
a.
The use meets a local need;
b.
The use avoids conflict with agricultural activities; and
c.
The use is consistent with general plan objectives AR-4.1 and policy AR-4a.
3.
If a restricted nonagricultural use requires a discretionary permit, the use must also comply with all applicable Conditional Use Permit approval criteria and requirements.
F.
Geotechnical Studies. In the RRD zone, geotechnical studies involving no grading or construction of new roads or pads are a permitted use. Geotechnical studies which involve grading or construction of new roads or pads are subject to a use permit.
G.
Dredge Materials and Biosolids. In the LIA, LEA, DA, and RRD zones, the application of clean dredge material or biosolids from wastewater treatment plants is allowed with a use permit, subject, at a minimum, to general plan policy PF-2s.
H.
Hazardous Materials.
1.
A Use Permit is required for commercial and industrial uses otherwise permitted by-right in the RRD zone which involve significant quantities (over 100 kg/month) of hazardous materials as defined by Title 22 of the California Code of Regulations.
2.
Such uses are not permitted on land subject to a Williamson Act contract.
I.
Craft and Garage Sales. In the LIA, LEA, DA, and RRD zones, craft sales and garage sales not exceeding two (2) sales days per calendar year provided that prior notification is given to the California Highway Patrol and that adequate off-street parking is provided. Craft sales and garage sales involving three (3) or four (4) sales days per year require a use permit.
(Ord. No. 6458, § III, 12-5-2023; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6404, § II(Exh. A), 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
General. Table 6-2 identifies the development standards in the agricultural and resource zones.
B.
Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG Local Guidelines Combining District) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.
C.
TP Zone - Maximum Units Per Property. In the TP zone, more than one (1) detached single-family dwelling unit is allowed on a property under single ownership with a use permit. The total number of units may not exceed:
1.
Four (4) per property; and
2.
One (1) unit per one hundred sixty (160) acres or the maximum density allowed by the general plan, whichever is less.
D.
Lot Size Standards.
1.
Agricultural Homesite Parcels DA Zone. In the DA zone, a lot line adjustment may reduce a lot to less than ten (10) acres as allowed by Section 26-88-180 (agricultural homesite parcels).
2.
Additional Lot Size Standards. See 26-16-030.A (Williamson Act lands) and 26-16-030.B (clustered development).
E.
Lot Coverage. See 26-16-050.A (increased lot coverage for farm operations) and 26-16-050.B (residential greenhouses and swimming pools).
F.
Increased Building Height. The maximum allowed building height shown in Table 6-2 may be increased with design review approval in accordance with Article 82.
Table 6-2:Development Standards in Agriculture and Resource Zones
Key of symbols for Table 6-2:
† = Standard indicated in supplemental standards column
G.
Setbacks.
1.
TP Zone. Minimum setbacks from property lines in the TP zone are as follows:
a.
Front: ten percent (10%) of parcel depth to a maximum of seventy-five feet (75').
b.
Street and Interior Side: ten percent (10%) of parcel width to a maximum of twenty feet (20').
c.
Rear: twenty feet (20').
2.
Reduced Setbacks for Agricultural Buildings. In the LIA, LEA, and DA zones, minimum front and side setbacks for agricultural buildings and structures may be reduced up to fifty percent (50%) when necessary for efficient farming operations.
H.
Accessory Buildings on Vacant Parcels. See Section 26-16-080 (accessory buildings on vacant parcels).
I.
Two-Parcel Subdivision for Farm Worker Housing. To accommodate the development of farmworker housing, the two-way division of a parcel subject to a Williamson Act contract is allowed subject to the following requirements:
1.
The parcel to be divided is in the in the LIA, LEA, DA, or RRD zone.
2.
The division complies with California Subdivision Map Act and County Code Chapter 25 (Subdivisions).
3.
The resulting parcel will be sold or leased for agricultural employee ("farmworker") housing and is not more than five (5) acres in size. For the purposes of this section, "agricultural employee" shall have the same meaning as defined by Subdivision (b) of Section 1140.4 of the Labor Code.
4.
The parcel will be sold or leased to a nonprofit organization, a city, a county, a housing authority, or a state agency, for the sole purpose of the provision and operation of farmworker housing. A lessee that is a nonprofit organization shall not sublease that parcel without the written consent of the landowner, and shall notify the county of such sublease.
5.
The parcel to be sold or leased will be subject to a deed restriction that limits the use of the parcel to farmworker housing facilities for not less than thirty (30) years. The deed restriction shall also provide, through reversionary or similar provision, that the parcel shall automatically revert to and be merged with the parcel from which it was subdivided when the parcel ceases to be used for farmworker housing for a period of more than one (1) year. The deed restriction shall be in a form satisfactory to county counsel.
6.
There is a written agreement between the parties to the sale or lease of the parcel and their successors to operate the parcel to be sold or leased under joint management of the parties, subject to the terms and conditions and for the duration of the Williamson Act contract.
7.
The parcel to be sold or leased is contiguous to one (1) or more parcels that are located within a designated urban service area, and which are zoned for and developed with urban residential, commercial, or industrial land uses.
8.
The farmworker housing project complies with Section 26-88-010(l) (seasonal farmworker housing) or Section 26-88-010(o) (year-round and extended seasonal farmworker housing), and includes provisions to minimize potential impacts on surrounding agricultural and rural residential land uses.
9.
A subdivision of land pursuant to this section will not affect any Williamson Act contract executed pursuant to Article 3 (commencing with Section 51240) of the Government Code, and the parcel to be sold or leased will remain subject to that contract.
(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
Zones. [3]
Editor's note—Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 06, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 06 pertained to LEA Land Extensive Agriculture District. See Ordinance List and Disposition Table for a detailed history of derivation.
This article identifies allowed land uses in the agricultural and resource zones, permits required for allowed uses, and general standards for site development.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
General. The agricultural and resource zones protect agricultural land and natural resource and open space areas, support the county's agricultural and natural resource economic base in a sustainable manner, and manage and conserve natural resources to avoid depletion and promote replenishment of these resources.
B.
Specific.
1.
Land intensive agriculture (LIA). The LIA zone:
a.
Enhances and protects lands best suited for permanent agricultural use and capable of relatively high production per acre of land; and
b.
Implement the land intensive agriculture land use category of the general plan and the policies of the agricultural resources element.
2.
Land extensive agriculture (LEA). The LEA zone:
a.
Enhances and protects lands best suited for permanent agricultural use and capable of relatively low production per acre of land; and
b.
Implements the land extensive agriculture land use category of the general plan and the policies of the Agricultural Resources Element.
3.
Diverse agriculture (DA). The DA zone:
a.
Enhances and protects land where soil, climate, and water conditions support farming but where small acreage intensive farming and part-time farming activities are predominant, and where farming may not be the principal occupation of the farmer; and
b.
Implement the diverse agriculture land use category of the general plan and the policies of the Agricultural Resource Element.
4.
Resources and rural development (RRD). The RRD zone:
a.
Protects lands needed for:
(1)
Commercial timber production, geothermal production, aggregate resources production;
(2)
Watershed, fish and wildlife habitat, biotic resources; and
(3)
Agricultural production activities not subject to the agricultural resources element of the general plan.
b.
Allows very low-density residential development and recreational and visitor-serving uses where compatible with resource use and available public services; and
c.
Implements the resources and rural development land use category of the general plan.
5.
Timberland production district (TP). The TP zone:
a.
Provides for timberland zoning, a yield tax to be imposed at the time of harvest, and the conservation and protection of land capable of producing timber and forest products; and
b.
Specifies compatible uses that are consistent with the Forest Taxation Reform Act of 1976.
(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
General.
1.
Table 6-1 identifies the allowed uses and permit requirements in the agricultural and resource zones.
2.
All uses may be subject to additional standards and regulations and may require a zoning permit, design review, or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 6-1.
3.
If Table 6-1 shows two permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions, as described in the use regulations for the allowed use.
B.
Additional Permits. A zoning permit, design review or other permits may be required in addition to those permits required by Table 6-1. See individual use regulations sections for additional requirements that may apply.
C.
Unlisted Land Uses.
1.
If a proposed use is not specifically listed in any allowed land use table, the use shall not be allowed, except as provided below.
2.
LIA, LEA, DA, RRD zones: For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.
3.
TP zone: For a proposed nonresidential use not listed as a permitted use in the allowed land use table, the Director may determine that the proposed use is of a similar and compatible nature and equivalent to a permitted use.
4.
When the director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.
Table 6-1:Allowed Land Uses in Agricultural and Resource Zones
Key of symbols for Table 6-1:
P = Permitted Use
P* = Permitted Use, subject to discretionary approval criteria
C = Conditional Use
- = Prohibited Use
† = Permit requirement indicated in use regulations column
D.
Williamson Act. All uses on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones.
E.
Restricted Nonagricultural Uses.
1.
For the purpose of this subsection, a "restricted nonagricultural use" means the following land uses:
a.
Agricultural farmstays
b.
Cemeteries
c.
Commercial kennels
d.
Day care centers
e.
Golf courses
f.
Horse boarding
g.
Home occupations
h.
Land and resource management
i.
Low temperature geothermal resource development
j.
Meeting facilities
k.
Non-commercial composting
l.
Public parks and playgrounds
m.
Pet fancier facilities
n.
Public safety facilities
o.
Public utility facilities
p.
Recreation and sports facilities: rural sports and recreation
q.
Renewable energy facilities
r.
Temporary events
s.
Studios for arts and crafts
t.
Telecommunication facilities
u.
Application of clean dredge material or biosolids
2.
In addition to any other applicable standards or criteria, restricted nonagricultural uses in the LIA, LEA, and DA zones are allowed, only if the applicant demonstrates that:
a.
The use meets a local need;
b.
The use avoids conflict with agricultural activities; and
c.
The use is consistent with general plan objectives AR-4.1 and policy AR-4a.
3.
If a restricted nonagricultural use requires a discretionary permit, the use must also comply with all applicable Conditional Use Permit approval criteria and requirements.
F.
Geotechnical Studies. In the RRD zone, geotechnical studies involving no grading or construction of new roads or pads are a permitted use. Geotechnical studies which involve grading or construction of new roads or pads are subject to a use permit.
G.
Dredge Materials and Biosolids. In the LIA, LEA, DA, and RRD zones, the application of clean dredge material or biosolids from wastewater treatment plants is allowed with a use permit, subject, at a minimum, to general plan policy PF-2s.
H.
Hazardous Materials.
1.
A Use Permit is required for commercial and industrial uses otherwise permitted by-right in the RRD zone which involve significant quantities (over 100 kg/month) of hazardous materials as defined by Title 22 of the California Code of Regulations.
2.
Such uses are not permitted on land subject to a Williamson Act contract.
I.
Craft and Garage Sales. In the LIA, LEA, DA, and RRD zones, craft sales and garage sales not exceeding two (2) sales days per calendar year provided that prior notification is given to the California Highway Patrol and that adequate off-street parking is provided. Craft sales and garage sales involving three (3) or four (4) sales days per year require a use permit.
(Ord. No. 6458, § III, 12-5-2023; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6404, § II(Exh. A), 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
General. Table 6-2 identifies the development standards in the agricultural and resource zones.
B.
Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG Local Guidelines Combining District) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.
C.
TP Zone - Maximum Units Per Property. In the TP zone, more than one (1) detached single-family dwelling unit is allowed on a property under single ownership with a use permit. The total number of units may not exceed:
1.
Four (4) per property; and
2.
One (1) unit per one hundred sixty (160) acres or the maximum density allowed by the general plan, whichever is less.
D.
Lot Size Standards.
1.
Agricultural Homesite Parcels DA Zone. In the DA zone, a lot line adjustment may reduce a lot to less than ten (10) acres as allowed by Section 26-88-180 (agricultural homesite parcels).
2.
Additional Lot Size Standards. See 26-16-030.A (Williamson Act lands) and 26-16-030.B (clustered development).
E.
Lot Coverage. See 26-16-050.A (increased lot coverage for farm operations) and 26-16-050.B (residential greenhouses and swimming pools).
F.
Increased Building Height. The maximum allowed building height shown in Table 6-2 may be increased with design review approval in accordance with Article 82.
Table 6-2:Development Standards in Agriculture and Resource Zones
Key of symbols for Table 6-2:
† = Standard indicated in supplemental standards column
G.
Setbacks.
1.
TP Zone. Minimum setbacks from property lines in the TP zone are as follows:
a.
Front: ten percent (10%) of parcel depth to a maximum of seventy-five feet (75').
b.
Street and Interior Side: ten percent (10%) of parcel width to a maximum of twenty feet (20').
c.
Rear: twenty feet (20').
2.
Reduced Setbacks for Agricultural Buildings. In the LIA, LEA, and DA zones, minimum front and side setbacks for agricultural buildings and structures may be reduced up to fifty percent (50%) when necessary for efficient farming operations.
H.
Accessory Buildings on Vacant Parcels. See Section 26-16-080 (accessory buildings on vacant parcels).
I.
Two-Parcel Subdivision for Farm Worker Housing. To accommodate the development of farmworker housing, the two-way division of a parcel subject to a Williamson Act contract is allowed subject to the following requirements:
1.
The parcel to be divided is in the in the LIA, LEA, DA, or RRD zone.
2.
The division complies with California Subdivision Map Act and County Code Chapter 25 (Subdivisions).
3.
The resulting parcel will be sold or leased for agricultural employee ("farmworker") housing and is not more than five (5) acres in size. For the purposes of this section, "agricultural employee" shall have the same meaning as defined by Subdivision (b) of Section 1140.4 of the Labor Code.
4.
The parcel will be sold or leased to a nonprofit organization, a city, a county, a housing authority, or a state agency, for the sole purpose of the provision and operation of farmworker housing. A lessee that is a nonprofit organization shall not sublease that parcel without the written consent of the landowner, and shall notify the county of such sublease.
5.
The parcel to be sold or leased will be subject to a deed restriction that limits the use of the parcel to farmworker housing facilities for not less than thirty (30) years. The deed restriction shall also provide, through reversionary or similar provision, that the parcel shall automatically revert to and be merged with the parcel from which it was subdivided when the parcel ceases to be used for farmworker housing for a period of more than one (1) year. The deed restriction shall be in a form satisfactory to county counsel.
6.
There is a written agreement between the parties to the sale or lease of the parcel and their successors to operate the parcel to be sold or leased under joint management of the parties, subject to the terms and conditions and for the duration of the Williamson Act contract.
7.
The parcel to be sold or leased is contiguous to one (1) or more parcels that are located within a designated urban service area, and which are zoned for and developed with urban residential, commercial, or industrial land uses.
8.
The farmworker housing project complies with Section 26-88-010(l) (seasonal farmworker housing) or Section 26-88-010(o) (year-round and extended seasonal farmworker housing), and includes provisions to minimize potential impacts on surrounding agricultural and rural residential land uses.
9.
A subdivision of land pursuant to this section will not affect any Williamson Act contract executed pursuant to Article 3 (commencing with Section 51240) of the Government Code, and the parcel to be sold or leased will remain subject to that contract.
(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)