Chapter 82.08 — AGRICULTURAL PRESERVE (AP) OVERLAY

(a) The Agricultural Preserve (AP) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) identifies properties within an established agricultural preserve. The properties may be subject to a Land Conservation Contract executed between the landowner and the Board. These agreements offer tax advantages to the landowner and include an enumerated list of the allowed uses for the commercial production of plant and animal products that have been found to be compatible with agriculture.

(b) Because the preservation of agricultural land uses is essential to the economic well-being of the County, the Agricultural Preserve (AP) Overlay is intended to protect vital agricultural uses by limiting allowed land uses to those that are compatible and supportive of agriculture and related uses and/or agricultural by-products. (Ord. 4011, passed - -2007)

(a) The AP Overlay shall be applied to properties within an Agricultural Preserve as defined in the California Land Conservation Act of 1965 (Williamson Act), Government Code §§ 51200 et seq. , and as designated upon the General Plan land use maps.

(b) The AP Overlay may be applied only to properties designated in the Resource Conservation (RC), Agriculture (AG), Rural Living (RL), and Floodway (FW) zoning districts.

(Ord. 4011, passed - -2007)

Development and new land uses proposed within the AP Overlay shall comply with the development standards of the applicable primary zoning district.

(Ord. 4011, passed - -2007)

The rezoning of property to apply the AP Overlay shall comply with all applicable requirements of Government Code §§ 51200 et seq. Land and land uses proposed within an agricultural preserve must be an agricultural use or be compatible with agricultural uses.

(a) Compatible Uses. The following land use types have been determined to be compatible:

(1) Agricultural use, described as any use of land for the purpose of producing an agricultural commodity, consisting of any and all plant and animal products for commercial purposes, provided the use is permitted by the primary zoning district and not prohibited by other law or ordinance.

(2) A stand for display and sale of agricultural commodities produced on the premises or other premises within the preserve.

(3) Gas, electric, water, communication utility facilities, and similar public service facilities, operated by a public agency or mutual water company.

• (4) Public highways.

• (5) Fire protection facilities.

• (6) Flood control works, including channel rectification and alteration.

• (7) Public works required for fish and wildlife enhancement and preservation.

• (8) Improvements for the primary benefit of the land within the preserve.

• (9) State improvements described in Government Code § 51293(d).

(10) Single dwellings only for the use of an owner or manager of land within the agricultural preserve, or a

person employed on the land, if the use is permitted by the applicable primary zoning district, but not exceeding three dwellings for each parcel of not less than ten acres.

(11) Farm labor camps, including temporary trailer housing, subject to all applicable requirements of this Development Code and all other applicable laws.

(12) Drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced.

(13) A legal use existing on the date the land is included within an agricultural preserve, but any use since discontinued for two years shall not be resumed unless permitted under these rules.

(14) A use required to be permitted by an amendment to the California Land Conservation Act of 1965 hereafter adopted.

(15) “Open space uses” as defined in Government Code § 51201.

(16) Religious facilities. Total square footage of all structures on site shall not exceed 12,000 square feet. Minimum parcel size shall be ten acres, unless the parcel was created before January 1, 1991, in which case the minimum parcel size shall be five acres.

(17) Agriculturally oriented schools with an approved Conditional Use Permit, subject to provisions adopted by the Board of Supervisors on November 3, 1980 regarding compatibility within an Agricultural Preserve.

(18) Resource Recovery Systems designed for the use of animal or plant products or waste for no less than 75 percent of their fuel or material source (percent measured as British Thermal Unit heat content for energy generation or percent of volume of materials consumed for agricultural products averaged over the current year of operation) for the production of a commodity for the primary benefit of the agricultural community or for the generation of electricity, unless prohibited by other law or ordinance.

(A) Any temporary or permanent use of more than 25 percent non-animal or plant products or waste (percent measured as described above) by an approved project is subject to Commission approval and their finding that an adequate animal or plant product or waste supply is not available to maintain the approved design output capacity of the project due to interruptions of delivery or elimination of the source beyond the feasible control of the applicant.

(B) Commission approval to exceed 25 percent non-animal or plant product or waste shall apply only as long as an adequate animal or plant product or waste supply is not available and subject to prohibition by other law or ordinance. Sludge materials shall not be permitted as an alternative source.

(19) Recreational uses as defined by Government Code § 51201(e) and (n), subject to Conditional Use Permit. (b) Additional Uses. Any use determined by the Board to be a compatible use in all agricultural preserves, after a public hearing with ten days published notice and other notice as may be required. Thereafter, the use shall be deemed compatible in any agricultural preserve, provided that it is not inconsistent with uses listed in Subdivision (a) above. (Ord. 4011, passed - -2007)