Chapter 2-79

PD-AG – PLANNED DEVELOPMENT/ AGRICULTURE DISTRICT

Sections:

2-79-010 Purpose.

2-79-020 Uses permitted.

2-79-030 Uses permitted with conditional use permit approval.

2-79-040 Minimum lot specifications.

2-79-050 Yard requirements.

2-79-060 Density bonus provision.

2-79-070 Density bonus provision – Permitted uses.

2-79-080 Density bonus provision – Conditional uses.

2-79-090 Density bonus provision – Minimum lot specifications.

2-79-100 Density bonus provision – Site development regulations.

2-79-110 Private street and driveway standards.

The purpose of the PD-AG district is to preserve and promote agriculture and viticulture uses in locations suitable for cultivated agriculture and to protect sensitive or unique environmental or land characteristics, including the area’s rural character. Land shall be zoned to the PD-AG district to reflect:

A. The actual use of the land;

B. The best use of the land based on soil type, location, and surrounding land uses;

C. Land intended by the city not to be converted to urban use in the foreseeable future;

D. Land found not suitable for urban use due to environmental constraints and natural or other hazards associated with the land; and

E. Land having resources found to be in the public interest to preserve. (Ord. 1561 § 3, 1999; Ord. 1391, 1992; Ord. 442 § 19.50.010)

The following uses are permitted subject to approval of a zoning use permit and any other prerequisite permits, and conformance to all applicable regulations set forth in this chapter, and elsewhere in this code:

A. One single-family dwelling per lot, parcel or site.

B. Buildings and structures normally related to permitted agricultural uses, except a conditional use permit shall be required when such uses are located within 500 feet of any R, E or C district or areas designated for residential, commercial or educational/institutional uses.

C. Grazing and the raising of field crops, fruit and nut trees, vines, vegetables, horticulture specialties, livestock, and poultry.

D. Incidental and accessory structures and uses located on the same site as a permitted use. (Ord. 1561 § 3, 1999; Ord. 1391, 1992; Ord. 442 § 19.50.020)

The following uses are permitted subject to approval of a conditional use permit:

A. Retail sales of products grown on the premises from roadside stands not exceeding 100 square feet in floor area.

B. Agricultural processing, farm products, warehousing and storage, wineries.

C. One caretaker’s residence.

D. Cemeteries, kennels, golf courses, camping and picnicking areas, riding stables.

E. Veterinarians, animal hospitals, and the boarding and training of horses.

F. Bed and breakfast establishments.

• G. Public and quasi-public uses.

H. Agricultural structures located within 500 feet of an R, E or C district or areas designated for residential, commercial or educational/institutional uses. (Ord. 1561 § 3, 1999; Ord. 442 § 19.50.021)

Any lot, parcel or site zoned PD-AG shall be considered a lot of record and may be developed or utilized in accordance with applicable regulations. No lot, parcel or site shall be subdivided nor shall property lines be otherwise revised except in conformance with the following regulations:

• A. Minimum Size. One hundred acres.

• B. Minimum Street Frontage. One hundred feet. (Ord. 1561 § 3, 1999; Ord. 442 § 19.50.030)

• A. The following minimum requirements shall be observed, except where noted otherwise:

1. Front Yard. Thirty feet.

2. Side Yard. Twenty feet.

3. Rear Yard. Fifty feet.

4. The construction of buildings for the conduct of agricultural activities or the exterior conduct of any agricultural activities which involve the keeping of animals, other than grazing in open pasture, shall have a minimum setback of 500 feet adjacent to any R, E, or C district or areas designated for residential, commercial or educational/institutional uses. Setbacks may be reduced subject to approval of a conditional use permit.

• B. Maximum Site Coverage. None.

C. Height Regulations. No principal building shall exceed 40 feet in height. The maximum building height for agricultural-related and public structures may be increased up to 100 feet upon approval of a conditional use permit. (Ord. 1561 § 3, 1999; Ord. 442 §§ 19.50.040 – 19.50.042)

The minimum lot size may be reduced below 100 acres to a maximum average density of one dwelling unit per 20 acres (minimum parcel size of 18 acres), if the following criteria are met:

A. Adequate water supplies are available for both domestic and irrigation needs, and all proposed uses can be served by individual septic systems;

B. Sensitive or unique environmental and land characteristics are protected;

C. The property owner shall grant an agricultural conservation easement which ensures the following: No later than 24 months after approval of the final subdivision map, grantor shall initiate and thereafter diligently pursue planting of wine grapes or other cultivated agriculture on a minimum of 90 percent of each parcel created by the final subdivision map; provided, however, that improvements which are directly related to agriculture need not be completed. The planting required shall be completed within 15 months after the initiation thereof (total time of 39 months from approval of the final map to completion of planting). In the event that the planting is not completed prior to approval of the final subdivision map, grantor shall provide surety in form and content acceptable to the city that such planting will be initiated and/or completed within the time limits specified in this section. Notwithstanding the foregoing, grantor shall not be required to plant on any lands on which the city has reasonably determined it is not feasible or practicable to plant (“less suitable lands”), such as areas with excessive slope, required buffer zones

for waterways and courses, areas to preserve significant vegetation (e.g., oak trees) and environmentally sensitive features. The time for initiating and/or completing planting may be extended if the city determines that additional time is reasonably necessary for completion of planting. To the extent practicable and consistent with city policies, all land uses other than cultivated agriculture on each parcel shall be sited on less suitable lands if necessary to ensure that 90 percent of each parcel is planted. Grantor shall ensure continued cultivated agricultural use through a long-term (minimum of eight years) agreement for operation and maintenance in form and content acceptable to the city;

D. Each new parcel has adequate area for building sites and agriculture uses outside of the environmentally sensitive areas and slopes exceeding 25 percent;

E. Development of each bonus parcel shall be subject to design review guidelines approved for the project. The design guidelines must address location of residential homesites; protection of scenic views, vistas, and ridgelines; architectural design, including but not limited to style, colors and materials which complement the area, building types and heights, building scale and massing of structures, and solar efficiency and innovation; fencing location and materials; and landscaping guidelines to encourage the use of native and/or low-water-use plant materials and fire protection practices. The design guidelines must also include a requirement for low reflectivity and earth tone color roofs. Final review and approval of these design guidelines shall be obtained from the planning commission. (Ord. 1861 § 1, 2009; Ord. 1561 § 3, 1999; Ord. 1442, 1995; Ord. 442 § 19.50.050)

Under the provisions of the density bonus, the following uses are permitted:

A. One single-family dwelling per parcel to be located on a designated building site. The designated building site shall not exceed 10 percent of the parcel or two acres, whichever is less.

B. Cultivated agriculture uses such as vineyards, orchards, the raising of field crops and horticulture specialties.

C. Incidental and accessory structures and uses located on the same site as a permitted use.

D. Other cultivated agriculture and similar uses determined by the zoning administrator to be of the same general character as the above uses. (Ord. 1561 § 3, 1999; Ord. 1442, 1995; Ord. 442 § 19.50.051)

The following uses may be permitted, subject to approval of a conditional use permit, and such uses are found to support and/or enhance and are compatible with the permitted agriculture uses:

A. Bed and breakfast establishments located within the designated two-acre building site.

B. Wineries.

C. Retail sales of products grown on the premises from roadside stands not exceeding 100 square feet in floor area.

D. Other ancillary uses determined by the decisionmaking body approving the conditional use permit to be in support of the permitted agriculture uses. (Ord. 1633 § 20, 2001; Ord. 1561 § 3, 1999; Ord. 442 § 19.50.052)

Any land division under the density bonus provisions shall not exceed a maximum average density of one dwelling unit per 20 acres. The minimum parcel size is 18 acres. Nonresidential parcels less than 18 acres may be created for special purpose uses only, including:

A. Necessary public facilities, such as storm drainage, flood control and water management facilities;

B. Existing uses and facilities, as identified under LPZC 2-79-030, excluding roadside stands and caretaker residences;

• C. Wildlife habitat protection; and

• D. Preservation of historic/archaeologic resources.

The gross acreage of any special purpose parcels shall be deleted from the total site gross acreage for the purpose of calculating maximum allowed density. (Ord. 1561 § 3, 1999; Ord. 1442, 1995; Ord. 442 § 19.50.053)

Site development regulations under the density bonus provision shall be in conformance with the regulations set forth in LPZC 2-79-050. In addition, coverage on the building sites shall not exceed 30 percent for residential buildings, or a total of 40 percent coverage for all development on the building site. No solid fencing will be allowed along property lines. All development must be consistent with the terms of the conservation easement. (Ord. 1561 § 3, 1999; Ord. 1442, 1995; Ord. 1391, 1992; Ord. 442 § 19.50.054)

Lots without frontage on a public street may be permitted subject to the following requirements:

• A. Private Streets. All private streets shall conform to the following minimum requirements:

1. A minimum paved width of 20 feet.

2. Four-foot-wide compacted aggregate base shoulders on each side of the paving.

3. No parking permitted along the street.

4. All private streets shall have a minimum right-of-way width of 40 feet.

• B. Private Driveway. All private driveways shall conform to the following minimum requirements:

1. A minimum width of 16 feet. If the driveway will be utilized by more than one lot or when it crosses over another lot it shall be paved. For a driveway utilized by only one owner on his/her property, it may be constructed with a compacted aggregate base.

2. For paved driveways, four-foot-wide compacted aggregate base shoulders on each site of the driveway.

3. If any driveway will be utilized by more than one lot or if it crosses over another lot, use of the driveway shall be assured by joint ownership or granting of easements.

C. Access to Lots.

1. All lots shall have clear unobstructed access to a public street over a driveway or private street.

2. All structures or landscaping over the private driveways and streets shall provide a minimum clearance of 15 feet to provide unobstructed access for emergency vehicles.

D. Minimum Improvements. Improvements shall be in conformance with the City of Livermore Standard Street Sections for Traffic Index 5, for private streets within the project.

E. Development Standards. The development of private streets shall not preclude the subdivision of adjacent properties, shall not preclude the development of streets necessary to handle local traffic needs, and shall be adequate to protect the health, safety and general welfare of the city. (Ord. 1561 § 3, 1999)

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