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 create agriculturally compatible "estate" type of development that can accommodate non-intensive agricultural uses, residential and some types of commercial and industrial uses while serving as a buffer between agricultural and residential lands within an adjacent to the city of Waterford consistent with goals, policies and standards of the Waterford general plan.
(Ord. 2011-02 §1)
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 non-intensive agriculture uses and similar uses on large lots or parcels, in a manner that is compatible with both adjacent residential and agricultural uses in the incorporated areas of the city adjacent to the unincorporated areas of the county.
B. 
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)
A. 
Schedule 10-1 below prescribes the land use regulations for the RE district. The regulations are established by letter designations as follows:
1. 
"P" designates use classifications permitted in the RE 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. 
"S" designates a use classification that is subject to special regulations.
7. 
Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.
8. 
Letters in parentheses in the "Supplemental Regulations" column refer to subsections in Section 17.10.040 following the schedule.
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 10-1 below are prohibited. Supplemental use regulations for the RE district are set forth in Section 17.10.040 below.
Schedule 10-1 RE District Use Table (see Ch. 17.04, Use Classifications)
Use Classifications*
RE
Supplemental Regulations
Residential Use Classifications (see §17.04.030)
 
(Y) (Z)
Single-family residence
P, L
(C) (D) (F) (G) (H) (J) (X) on 3 acres or more
Second single-family residence
P, L
(A) on 3 acres or more
Day care (limited)
P
 
Group residential
U, L
(E) (N) (W) on 3 acres or more
Private garage
P
(G)
Garage, patio or yard sales
P, L
(Q)
The keeping of domestic animals and pets
P
(K) (R)
Home occupations
P, L
(E) on 3 acres or more
Residential care (limited)
U, L
(K) on 3 acres or more
Public and Semipublic Use Classifications (see §17.04.040)
 
(Y) (Z)
Parks and recreation facilities
P
 
Public safety facilities
P
 
Utilities (minor)
P
 
Commercial Use Classifications (see §17.04.050)
 
(Y) (Z)
Bed and breakfast inns
U, L
Subject to the standards of Chapter 17.64 on 3 acres or more
Agricultural Use Classifications (see §17.04.070)
 
(Y) (Z)
Horticulture (limited)
P
(T)
Raising of crops and orchards
P, L
(T) on 3 acres or more
Vineyards
P, L
(T) on 3 acres or more
Temporary uses related to agriculture
P, L
(S) (V) (Q) on 3 acres or more
Raising of large animals
AU, L
(R) (U) on 3 acres or more
Raising of small animals
AU, L
(R) (U) on 3 acres or more
Accessory Use Classifications (see §17.04.080)
 
(Y) (Z)
Accessory uses and structures
P
(P) (T) on 3 acres or more
Temporary Use Classifications (see §17.04.090)
 
(Y) (Z)
Personal property, yard, garage or patio sales
P
(Q) (S)
Religious assembly
AU
(Q) (S) subject to §17.40.180
Other uses
AU, L
(W)
*
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 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 RE district (Sections 17.10.010 and 17.10.020).
(Ord. 2011-02 §1)
A. 
Secondary or accessory residential units are permitted in the RE district on parcels of three acres or more in total gross lot area and the requirements of Section 17.40.160 are met.
B. 
Approval of a use permit shall require a finding that (1) the proposed use will have no significant unmitigated environmental impacts; and (2) the building design is compatible with surrounding buildings.
C. 
Architectural design review shall be required on all buildings located on property abutting an "R" (residential) or "C" (commercial) district; see Chapter 17.52.
D. 
Rooms in a dwelling unit may be rented for occupancy by not more than three persons who are not members of a single housekeeping unit; provided that not more than two bedrooms shall be rented in each unit.
E. 
See Chapter 17.53, Home Occupations in R Districts.
F. 
See Section 17.40.140, Accessory buildings generally, and Section 17.40.150, Nonresidential accessory structures.
G. 
See Section 17.54.190, Driveways and carports—Design and location in R districts.
H. 
See Section 17.40.130, Swimming pools.
I. 
See Chapters 17.75 (Use Permits), 17.73 (Administrative Permits), 17.72 (Standards of Review) and 17.76 (Variances).
J. 
See Section 17.40.120, Mobile homes and travel trailers.
K. 
See Section 17.40.300, Animals.
L. 
See Chapter 17.63, Nonconforming Uses and Structures.
M. 
See Section 17.40.180, Religious assembly yard requirements.
N. 
Planning commission use permit required, except that the planning director may approve use permits for general family day care homes caring for nine to fourteen children, as defined in Chapter 3.4 of the California Health and Safety Code.
O. 
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.
P. 
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.
Q. 
Temporary uses subject to limitations and provisions of Chapter 17.74.
R. 
The raising of animals, large or small, on parcels of three acres or larger and shall not result in the creation of a nuisance.
S. 
Produce stands and markets as defined and regulated in Chapter 17.56.
T. 
In conjunction with agricultural production activities, 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.
U. 
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 one hundred fifty feet from any property line and three hundred feet from any dwelling on an adjacent property.
V. 
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.
W. 
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.
X. 
See the WMC regarding development on substandard lots.
Y. 
All uses and activities conducted within the RE district shall be subject to the provisions of Chapter 17.44 (Performance Standards) unless specifically exempted or modified by the provisions of the RE district.
Z. 
All development or use activities shall be conducted within the RE district in conformance with the regulations set forth in Chapter 17.40 (General Regulations) unless specifically exempted or modified by provisions of the RE district.
(Ord. 2011-02 §1)
The following schedule prescribes development regulations for the RE 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 Schedule 10-2 below. It should be noted that all development within the RE district is subject to the requirements set forth in Chapter 17.40 unless otherwise indicated below.
Schedule 10-2 RE District Development Regulations
Development
RE
Additional Regulations
Minimum site area (acres)
3
(A) (B)
Gross site area per unit (acres)
3
(A) (B)
Minimum yards
Varies
(C) (D) (E) (F)
Maximum height (ft.)
35
(G)
Maximum height (ft.) accessory building
45
(G)
Fences and walls
See Ch. 17.62
 
Off-street parking and loading
See Ch. 17.54
 
Signs
See Ch. 17.60
 
Outdoor facilities
See §17.40.300, Outdoor displays & facilities, and Ch. 17.50, Wireless and Communications Facilities
 
Performance standards
See Ch. 17.44
 
Nonconforming uses & structures
See Ch. 17.63
 
A. 
All divisions of land on property zoned RE (residential estates) shall conform to the minimum three-acre parcel standard. Exemptions to minimum parcel sizes shall apply to parcels created or used for general public purposes, public utility or communication purposes. 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, transmission lines, aqueducts or irrigation laterals which are located at a parcel's boundary.
B. 
See Section 17.40.090, Development on substandard lots.
C. 
Front Yards. In any RE district where street curbs, gutters and sidewalks do not exist, the front yard setback standards 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;
4. 
On properties where street curbs, gutters and sidewalks have been constructed, the front yard setback shall conform to RS residential district standards as set forth in Section 17.20.050.
D. 
Minimum front yard is fifteen feet; twenty feet from the entrance of a garage or carport. See Section 17.40.100, Front yards in R districts.
E. 
Side yards, interior lot line and rear yards: Ten feet.
F. 
A fifteen-foot side or rear yard shall adjoin an R district.
G. 
Building Height and Required Yards. The width of a required interior side or rear yard adjoining a building wall exceeding thirty-five feet in height, excluding any portion of a roof, shall be increased five feet over the basic requirement.
H. 
See Section 17.40.230, Development on lots divided by district boundaries.
I. 
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, 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)