Waterford City Zoning Code
CHAPTER 17
08 AG AGRICULTURAL GENERAL DISTRICT
§ 17.08.010 Intent.
The city of Waterford declares that it is the policy and intent of the city and this chapter to declare a statement of policy to preserve and protect existing potential future agricultural operations consistent with goals, policies and standards of the Waterford general plan within the incorporated city limits and those unincorporated agricultural lands adjacent to the city's boundaries.
(Ord. 2011-02 §1)
§ 17.08.020 Purpose.
A.
In addition to the general purposes listed in Section 17.01.020, it is the purpose of these district regulations to support and enhance agriculture as the interim land use in the incorporated areas of the city adjacent to the unincorporated areas of the county.
B.
This district may also be appropriately applied to areas where limited agricultural uses serve as a long-term buffer between unincorporated Stanislaus County agricultural lands and residential areas within the incorporated areas of the city of Waterford.
C.
These district regulations are also intended to protect open space lands pursuant to Government Code Section 65910. The procedures contained in this chapter are specifically established to ensure that all land uses are compatible with agriculture and open space, including natural resources management, outdoor recreation and enjoyment of scenic beauty.
(Ord. 2011-02 §1)
§ 17.08.030 Land use regulations.
A.
Schedule 08-1 below prescribes the land use regulations for single-family residential districts. The regulations for each district are established by letter designations as follows:
1.
"P" designates use classifications permitted in the AG district.
2.
"L" designates use classifications that are permitted, subject to certain limitations.
3.
"T" designates use classifications that are permitted to be conducted for a limited period of time and that require a temporary use permit pursuant to Chapter 17.74.
4.
"AU" designates a use classification permitted in the district but requiring an administrative use permit as provided in Chapter 17.73 due to the nature of the use or the area within which the use is proposed requiring special review/approval procedures.
5.
"U" designates use classifications that may be permitted upon approval of a conditional use permit, as provided in Chapter 17.75.
6.
Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.
B.
Use classifications are defined in Chapter 17.04. In cases where a proposed use is not included in a use classification, the planning director shall determine whether the proposed use is substantially similar in character to a permitted use classification and in that event shall assign the proposed use to a permitted use classification. Use classifications not listed in Schedule 08-1 below are prohibited. Supplemental use regulations for the AG district are set forth in Section 17.08.040.
Schedule 08-1 AG District Use Table (see Ch. 17.04, Use Classifications) | ||
|---|---|---|
Use Classification* | AG | Special Regulations |
Agricultural Use Classifications (see §17.04.070) | (T) & (U) | |
Buildings, appurtenances & uses | P, L | (A) (B) |
Raising of crops and orchards | P | |
Vineyards | P | |
Temporary uses related to agriculture | P, L | (C) |
Employee housing | P, L | (D) |
Raising of large animals | U, L | (E) (G) (M) |
Raising of small animals | U, L | (E) (G) (M) |
Soil reclamation | P | |
Commercial Use Classifications (see §17.04.050) | (T) & (U) | |
Produce markets | U | (F) (G) |
Produce stand | P | |
Commercial or municipal composting | U | (L) (F) (G) |
Agricultural service establishment | U, L | (H) (G) |
Other | U, L | (N) |
Industrial Use Classifications (see §17.04.060) | (T) & (U) | |
Stationary installations | U, L | (O) |
Agricultural processing plants & facilities | U, L | (I) (G) |
Residential Use Classifications (see §17.04.030) | (T) & (U) | |
Single-family residence | L | On more than 3-acre parcel |
Second single-family residence | L | On 20 acres or more |
Employee housing | P | No more than 12 units or 36 beds |
Public and Semipublic Use Classifications (see §17.04.040) | (T) & (U) | |
* | See indicated code section with respect to use classification. Uses indicated are a subset of the uses that may occur in this district. Other uses, which are not listed below, may be approved subject to AU procedures provided that they are similar to the indicated uses with respect to impacts on surrounding uses and the stated purpose and intent of the AG district (Sections 17.08.010 and 17.08.020). |
(Ord. 2011-02 §1; Ord. 2015-06 §3)
§ 17.08.040 AG district-Supplemental land use regulations.
A.
Buildings, appurtenances, and uses such as custom contract harvesting or land preparation where the buildings, appurtenances, or uses are incidental and accessory to the use of the subject property for farming purposes.
B.
Detached accessory buildings, the use of which are incidental to, and reasonably related to, a main building on the same lot or to the primary use of the property as determined by the director of planning and community development.
D.
Permanent housing for persons employed on a full-time basis in connection with the agricultural use of the property or other property owned or leased by the same owner. The parcel(s) shall be large enough in terms of acreage, crops, production, number of animals, to clearly support and justify the establishment of an additional dwelling(s) for a full-time employee. Applicants will be required to substantiate that the employee is, in fact, a full-time employee. Permits granted for employee housing shall require that new residences be placed in close proximity to existing dwelling to minimize the disruption of agricultural land and to take maximum advantage of existing facilities, including utilities and driveways.
E.
The raising of animals, large or small, shall not result in the creation of a nuisance.
G.
Uses listed must be agriculture-related commercial and industrial uses that may be allowed when the planning commission or city council, as required in accordance with this title, finds that, in addition to the findings required under Chapter 17.75:
1.
The establishment as proposed will not be substantially detrimental to or in conflict with agricultural use of other property in the vicinity; and
2.
The establishment as proposed will not create a concentration of commercial and industrial uses in the vicinity; and
3.
It is necessary and desirable for such establishment to be located within the agricultural area as opposed to areas zoned for commercial or industrial usage.
H.
Agricultural service establishments primarily engaging in the provision of agricultural services to farmers, including contract harvesting. Such establishments shall be designed to serve the immediately surrounding area as opposed to having a widespread service area.
I.
Agricultural processing plants and facilities, such as wineries, dehydrators, canneries, and similar agriculture-related industrial uses, provided:
1.
The plant or facility is operated in conjunction with, or as a part of, a bona fide agricultural production operation;
2.
At least fifty percent of the produce to be processed is grown on the premises or on property located in Stanislaus County in the same ownership or lease; and
3.
The number of full-time, year-round employees involved in the processing shall not exceed ten, and the number of part-time, seasonal employees shall not exceed twenty.
J.
In conjunction with an agricultural processing plant or facility, incidental retail sales, tasting rooms and/or facilities for on-site consumption of agricultural produce processed on the premises, provided:
1.
The primary purpose is to promote sales of the agricultural product(s) produced and processed on the premises;
2.
The use is subordinate to the production of such product and the use of such agricultural processing facility; and
3.
The number of full-time, year-round employees involved in the operation shall not exceed ten, and the number of part-time, seasonal employees shall not exceed twenty.
K.
Soil reclamation, or the process of cleaning or decontaminating soil that has been contaminated by gasoline or other toxic materials.
L.
Commercial or municipal composting, processing and/or spreading of whey, treated sludge or biosolids (including Class A and Class B), or other organic matter when the matter to be composted, processed and/or spread is not generated on-site and the composting, processing and/or spreading is not part of a routine farming practice. Composting operations with less than one thousand cubic yards or three hundred tons of active composting material on site at any given time shall be considered an agricultural use and shall be exempt from this provision. (This provision is intended to apply to operations whose primary function is the composting, processing and/or spreading of organic matter; it is not intended to apply to composting and/or the use of fertilizers and other soil amendments or feed additives in conjunction with agricultural production.)
M.
New confined animal facility and expansions of existing confined animal facility requiring a new or modified permit, waiver, order or waste discharge requirements from the Regional Water Quality Control Board, where the issuance of such permit, waiver, order or waste discharge requirements requires compliance with the California Environmental Quality Act. Lagoons or ponds for the storage of animal wastes shall be located a minimum of fifty feet from any property line and three hundred feet from any dwelling on an adjacent property.
N.
Uses that are not directly related to agriculture but may be necessary to serve the AG district or may be difficult to locate in non-agricultural area of the city. Some of these uses can be people-intensive and, as a result, have the potential to adversely impact agriculture; these uses may be allowed when the planning commission finds that, in addition to the findings required under Chapter 17.75:
1.
The use as proposed will not be substantially detrimental to or in conflict with agricultural use of other property in the vicinity; and
2.
The parcel on which such use is requested is not located on Class "A" or "prime" soils as designated on the most recent soils map for the area; or the character of the use that is requested is such that the land may reasonably be returned to agricultural use in the future.
a.
Public stables, including boarding and training, and kennels;
b.
Bridle paths, riding academies, roping arenas and similar facilities for the training, exercising or exhibiting of horses, dogs or other animals;
c.
Recreational camps without housing for permanent residents and dude or guest ranches;
d.
Cemeteries;
e.
Schools offering general academic instruction equivalent to the standards prescribed by the State Board of Education;
f.
Day care centers when accessory to a school offering general academic instruction equivalent to the standards prescribed by the State Board of Education;
g.
Golf courses (excluding miniature golf), golf driving ranges and practice putting greens, athletic fields and facilities (when operated by a nonprofit organization or club), and related facilities (including, but not limited to, clubhouse, pro shop and food and drink facilities);
h.
Commercial excavation of earth, minerals, building materials or removal of oil or gas, together with the necessary apparatus and appurtenances incidental thereto.
O.
Stationary installations such as alfalfa and feed dehydrators; commercial viners; fuel alcohol stills designed to serve a localized area; nut hulling, shelling, and drying; agricultural experiment stations; warehouses for storage of grain and other farm produce; weighing, loading and grading stations; wholesale nurseries and landscape contractors when conducted in conjunction with a wholesale nursery; agricultural backhoe services; sale of firewood; and similar agricultural facilities.
P.
Lagoons or ponds for the storage of animal wastes, except when a use permit is required under Chapter 17.75. Such lagoons or ponds shall be located a minimum of fifty feet from any property line and three hundred feet from any dwelling on an adjacent property. Other standards may be imposed by other county or state agencies.
Q.
Christmas tree sales lots and Halloween pumpkin sales lots provided they meet the required setbacks and provide at least ten accessible and usable off-street parking spaces in addition to one space per employee on a maximum shift. Such lots shall be limited to two double-faced signs not to exceed twelve square feet on each face. No off-site signs shall be permitted. Such Halloween pumpkin sales lots may not be established prior to October 1st of any year and shall be removed and the property returned to its previous condition by November 15th; Christmas tree sales lots may not be established prior to November 15th of any year and shall be removed and the property returned to its previous condition by January 1st.
R.
Small-family day care homes for eight or fewer persons.
S.
Large-family care homes for seven through fourteen persons when the following criteria are met:
1.
One off-street parking space shall be provided for each employee plus two spaces;
2.
The two additional parking spaces shall be located so that vehicles will head-in and head-out and not use the public road for maneuvering, loading, or unloading;
3.
There shall be no other day care facilities for more than eight persons within three hundred feet of the exterior boundary of the property.
(Ord. 2011-02 §1)
§ 17.08.050 AG district-Property development regulations.
The following schedule prescribes development regulations for the AG district. The first two columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Regulations" column refer to the "additional development regulations" outlined in the subsections of this section following the schedule.
Schedule 08-2 AG District Property Development Regulations | ||
|---|---|---|
Development | AG Standard | Additional Regulations |
Residential development | (A) (H) (I) (K) | |
Minimum lot area (acres) | 20 acres | (B) (C) (H) (I) |
Minimum yards: | ||
Front (ft.) | (D) | |
Side & rear (ft.) | (E) (G) | |
Corner side rear (ft.) | (E) (F) (G) | |
Maximum height (ft.) of structures | 50 | See §17.40.080 |
Signs | See Ch. 17.60 | (J) |
A.
Development in an AG district shall comply with the RS development regulations for site area per unit.
B.
All divisions of land on property zoned AG (Agriculture) shall conform to the minimum 20-acre parcel standard. Exemptions to minimum parcel sizes shall apply to parcels created or used for general public purposes, public utility or communication purposes.
C.
The minimum allowable area for creation of a parcel shall be twenty acres in any AG district. Minimum parcel size may be determined by including internal area occupied by irrigation canals, laterals and other facilities and area up to the centerline of public roads, railroads, transmission lines, aqueducts or irrigation laterals which are located at a parcel's boundary.
D.
Front yards in any AG district shall be:
1.
Not less than seventy feet from the existing centerline of the street, nor less than fifteen feet from the planned street line on a major street or expressway, whichever is the greater. The vehicle opening of any building shall be no closer than twenty feet to the property line toward which the opening faces;
2.
Not less than forty-five feet from the existing centerline of the street on a collector street sixty feet wide, nor less than fifteen feet from the planned street line where a specific plan has been adopted. The vehicle opening of any building shall be no closer than twenty feet to the property line toward which the opening faces;
3.
Not less than forty feet from the existing centerline of the street on a minor street (fifty feet wide), nor less than fifteen feet from the planned street line where a specific plan has been adopted. The vehicle opening of any building shall be no closer than twenty feet to the property line toward which the opening faces.
E.
Side yards, interior lot line and rear yards: Five feet.
F.
Side yards, corner lot: The main building and accessory building or garages not having direct access to the street may be five feet closer to the planned street line than at the front yard.
G.
A ten-foot side or rear yard shall adjoin an R district, and structures shall not intercept a 1:1 or forty-five-degree daylight plane inclined inward from a height of twelve feet above existing grade at the R district boundary line.
J.
One identification or informational sign not more than twelve square feet in area nor more than six feet in height may be permitted in the front yard or side yard adjacent to each street frontage of a property which contains a lawful agricultural use, or commercial, or industrial nonconforming use in lieu of any other freestanding sign which may be permitted, provided that:
1.
It does not bear any advertising message;
2.
It is non-flashing, nonmoving and non-animated;
3.
It is located wholly on private property on the premises to which it pertains;
4.
A plot plan and elevation of the sign is approved by the planning director prior to request for building and electrical permits and installation.
(Ord. 2011-02 §1)
§ 17.08.060 AG district-Williamson Act regulations.
A.
As required by Government Code Section 51238.1, the planning commission and/or board of supervisors shall find that uses requiring use permits that are approved on lands under California Land Conservation Contracts (Williamson Act Contracts) shall be consistent with all of the following principles of compatibility:
1.
The use will not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels or on other contracted lands in the AG zoning district.
2.
The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in the AG zoning district. Uses that significantly displace agricultural operations on the subject contracted parcel or parcels may be deemed compatible if they relate directly to the production of commercial agricultural products on the subject contracted parcel or parcels or neighboring lands, including activities such as harvesting, processing, or shipping.
3.
The use will not result in the significant removal of adjacent contracted land from agricultural or open-space use.
B.
Unless the planning commission and/or the city council makes a finding to the contrary, the following uses are hereby determined to be consistent with the principles of compatibility and may be approved on contracted land:
C.
The following uses are hereby determined to be inconsistent with the principles of compatibility and shall not be approved on contracted land:
D.
Mineral extraction on contracted land may be approved consistent with Government Code Section 51238.2.
E.
Uses on nonprime contracted land may be approved consistent with subdivision (c) of Government Code Section 51238.1.
F.
All other uses requiring use permits on contracted lands, except those specified in subsections B, C, D and E of this section, shall be evaluated on a case-by-case basis by the planning commission and/or city council to determine whether they are consistent with the principles of compatibility set forth in Government Code Section 51238.1.
(Ord. 2011-02 §1)