Note: Prior ordinance history: prior code Section 9-112,
Ordinances NS 926, NS 988, NS 1001, NS 1013, CS 5, CS 21, CS 28, CS
68 and CS 86.
It is the intent of these district regulations to support and
enhance agriculture as the predominant land use in the unincorporated
areas of the county. 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. CS 106 §2, 1984; Ord. CS 531 §1, 1993)
Uses permitted in the A-2 districts:
A.
All agricultural uses not requiring a staff approval or a use permit pursuant to Sections 21.20.030 and 21.20.040; provided, however, that within areas designated on the land use element of the general plan as urban transition the maintenance of animals shall be limited to the provisions of Chapter 21.24 (R-A rural residential zoning regulations) unless approval of additional animals is first obtained from the director of planning and community development;
B.
Single-family
dwelling(s) and accessory dwellings on parcels meeting the following
criteria:
2.
Parcels less than twenty acres in size and zoned A-2-40, or -160. One single-family dwelling is permitted with approval of a staff approval permit in accordance with Section 21.100.050(C) of the Zoning Ordinance,
3.
Parcels
of Twenty Acres or More in Size. Two-single family dwellings may be
constructed on a parcel, regardless of the minimum parcel size zoning
requirement. The second dwelling shall be placed to take maximum advantage
of existing facilities including utilities and driveways. New driveways
may be authorized by the county public works department when it can
be shown public safety will not be degraded, now or in the future,
based on both existing traffic conditions and future traffic projected
in the county General Plan,
a.
Any parcel created with a 'no build' restriction shall meet the criteria specified in Section 21.20.050 prior to the construction of any dwelling. Any parcel enrolled in the Williamson Act, and not subject to a 'no build' restriction, shall be in agricultural use prior to the construction of any dwelling,
D.
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;
G.
Garage
sales;
H.
Temporary
agricultural service airports;
I.
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;
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 nonflashing, nonmoving and nonanimated,
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 and
community development director prior to request for building and electrical
permits and installation;
K.
Lagoons or ponds for the storage of animal wastes, except when a use permit is required under Section 21.20.030(F). 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;
L.
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;
M.
Fireworks
stands provided they meet all required setbacks and provide at least
five accessible and usable off-street parking spaces in addition to
one space per employee on a maximum shift. Such stands shall meet
all the requirements of the department of fire safety and shall be
erected and removed within the time period prescribed by that department;
O.
Small
family day care homes for eight or fewer persons;
P.
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. CS 106 §2, 1984; Ord. CS 141 §1, 1985; Ord. CS 142 §1, 1985; Ord. CS 349 §1, 1989; Ord.
CS 350 §§1, 2, 1989; Ord.
CS 531 §§2, 4, 1993; Ord.
CS 591 §1, 1995; Ord. CS 663 §§3, 4, 1998; Ord. CS 741 §3, 2000; Ord. CS 861 §2,
2003; Ord. CS 1020 § 4,
2007; Ord. CS 1290 §12, 2021)
Uses permitted in the A-2 district subject to first securing
a use permit in each case:
A.
Tier One. The uses listed below are closely related to agriculture and are necessary for a healthy agricultural economy. Tier One uses may be allowed when the planning commission finds that, in addition to the findings required under Section 21.96.050, the use as proposed will not be substantially detrimental to or in conflict with agricultural use of other property in the vicinity.
1.
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;
2.
Farm
labor camps and agricultural service airports;
3.
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;
B.
Tier Two. The uses listed below are agriculture-related commercial and industrial uses that may be allowed when the planning commission or board of supervisors finds that, in addition to the findings required under Section 21.96.050:
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.
a.
Agricultural service establishments primarily engaging in the provision of agricultural services to farmers, including contract harvesting when not allowed under Section 21.20.020(D). Such establishments shall be designed to serve the immediately surrounding area as opposed to having a widespread service area.
b.
Agricultural processing plants and facilities, such as wineries,
dehydrators, canneries, and similar agriculture-related industrial
uses, provided:
i.
The plant or facility is operated in conjunction with, or as a part
of, a bona fide agricultural production operation;
ii.
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
iii.
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.
c.
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:
i.
The primary purpose is to promote sales of the agricultural product(s)
produced and processed on the premises;
ii.
The use is subordinate to the production of such product and the
use of such agricultural processing facility; and
iii.
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;
iv.
However, the total number of full-time, year-round employees allowed
under subsections (B)(3)(b)(iii) and (B)(3)(c)(iii) of this section
shall not exceed ten, and the total number of part-time, seasonal
employees shall not exceed twenty.
d.
Soil reclamation, or the process of cleaning or decontaminating soil
that has been contaminated by gasoline or other toxic materials.
e.
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.)
C.
Tier Three. The uses listed below are not directly related to agriculture but may be necessary to serve the A-2 district or may be difficult to locate in an urban area. Some of these uses can be people-intensive and, as a result, have the potential to adversely impact agriculture; these people-intensive uses are generally required to be located within LAFCO-approved spheres of influence of cities or community services districts and sanitary districts serving unincorporated communities. Tier three uses may be allowed when the planning commission finds that, in addition to the findings required under Section 21.96.050:
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 in one of the
county's "most productive agricultural areas," as that term is used
in the agricultural element of the general plan; or the character
of the use that is requested is such that the land may reasonably
be returned to agricultural use in the future. In determining most
productive agricultural areas, factors to be considered include but
are not limited to soil types and potential for agricultural production;
the availability of irrigation water; ownership and parcelization
patterns; uniqueness and flexibility of use; the existence of Williamson
Act contracts; existing uses and their contributions to the agricultural
sector of the economy. Most productive agricultural areas do not include
any land within LAFCO-approved spheres of influence of cities or community
services districts and sanitary districts serving unincorporated communities.
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.
Churches,
g.
The raising or keeping for commercial or noncommercial purposes of fur-bearing animals, zoo-type animals, exotic birds, fish or wildlife regulated by the California Department of Fish and Game or dangerous animals as described in Chapter 7.28 of this code,
h.
Off-road vehicle parks, motorcycles, bicycle, go-cart and automobile
race tracks; rifle ranges; trap and skeet ranges,
i.
Public buildings, parks or other facilities operated by political
subdivisions,
j.
Facilities for public utilities and communication towers,
k.
Sanitary landfills,
l.
Circuses, carnivals, outdoor festivals, rallies, revivals, concerts,
open-air churches, and similar uses provided that they do not last
for more than seven days,
m.
Day care centers when accessory to a school offering general academic
instruction equivalent to the standards prescribed by the State Board
of Education,
n.
Gun clubs and hunting clubs,
o.
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),
p.
Commercial excavation of earth, minerals, building materials or removal
of oil or gas, together with the necessary apparatus and appurtenances
incidental thereto,
q.
Corn mazes, hay mazes, and similar seasonal activities when determined by the planning director to be similar in nature and when they do not qualify for the exception in Section 21.100.050(E),
r.
Weddings, and similar events, provided they are not located on Williamson
Act contracted land.
D.
Notwithstanding
any other provision of this title relating to the use of property
zoned A-2, a factory for processing rabbits shall be allowed after
issuance of a use permit subject to the following limitations:
1.
The
property proposed for use shall contain a minimum of ten acres;
2.
There
shall be no more than five employees involved in the processing operation;
3.
The
proposed facility shall satisfy all of the applicable regulations
enacted by the California State Department of Feed and Agriculture
relating to processing of rabbits;
4.
There
shall not be retail sales at the property;
5.
The
processor shall submit a plan for disposing of the animal waste;
6.
Such
other limitations or conditions as may be imposed by the planning
commission or board of supervisors.
E.
Repealed.
F.
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.
G.
Parking of tractor-trailer combinations may be allowed when the planning commission finds that, in addition to the findings required under Section 21.96.050:
1.
The
establishment as proposed will not be substantially detrimental to
or in conflict with agricultural use of other property in the vicinity;
2.
The
establishment as proposed will not create a concentration of commercial
and industrial uses in the vicinity; and
3.
All
the following criteria are met:
a.
For the purpose of this chapter, a tractor-trailer combination shall
include a tractor-trailer, truck/trailer-trailer, or truck/tanker-trailer
combination with a minimum of five axles and capable of hauling a
combined gross vehicle weight (GVW) of eighty thousand pounds. The
following illustrates the type of permitted combinations:
 |
b.
At least one of the combinations shall be registered to the property
owner and the property owner shall live on the parcel.
c.
The total number of tractors, truck/trailers and truck/tankers shall
not exceed twelve and the total number of trailers shall not exceed
two per tractor, truck/trailer, or truck/tanker. For the purpose of
this chapter, a set of double trailers shall be equivalent to one
trailer.
d.
The parcel on which parking will occur is one acre or more in size,
the total area of the parcel used for the parking operation does not
exceed one and one-half acres in size, and the area used for parking,
including employee parking, shall not exceed fifty percent of the
entire parcel.
e.
No off-loading of trailers shall occur on-site.
f.
All tractors, truck/trailers, truck/ tankers and trailers parking
on-site shall be in full operable condition for at least six consecutive
months of every year.
g.
One on-site office, accessory to the parking operation, not to exceed
one thousand two hundred square feet in size, may be maintained within
an on-site dwelling or within an accessory structure provided all
applicable building permits are obtained and public facility fees
paid, if applicable.
h.
Access to the site shall be available without violation of any state,
county, or city roadway weight restrictions, and a driveway approach
acceptable to the department of public works is provided.
i.
Parking areas, including employee parking, and driveways shall be
adequately graveled to reduce dust emissions and all parking areas
shall be located outside any required front yard or corner lot side
yard and delineated through fencing or vegetative landscaping to distinguish
the authorized parking area.
j.
On-site maintenance shall be limited to oil and tire changes, light
and windshield wiper replacements, and checking fluids.
k.
No signs advertising parking shall be placed on the property.
l.
On-site storage and use of related equipment may be considered by
the planning commission as part of the application consideration.
|
This subsection is intended to allow for the parking of tractor-trailer,
truck/trailer-trailer, and truck/tanker-trailer combinations used
to transport goods and materials and requiring a California commercial
A license for operation on a public roadway. This subsection is not
intended to allow the parking of commercial vehicles used for the
transportation of people or pick-up trucks, tow trucks, delivery trucks,
box trucks, fleet vehicles or other similar vehicles. Trucks used
solely for permitted agricultural operations on-site are exempt from
this provision.
|
H.
Commercial cannabis cultivation or nursery activities and distribution activities (limited to permitted commercial cannabis product grown on site) subject to Section 21.08.020(D) of this title, may be allowed when conducted within a greenhouse or accessory agricultural storage building as permitted by Title 6 of the county code.
(Ord. CS 106 §2, 1984; Ord. CS 141 §3, 1985; Ord. CS 260 §1, 1987; Ord. CS 294 §1, 1988; Ord.
CS 305 §1, 1988; Ord. CS 424 §1, 1991; Ord. CS 501 §1,
1992; Ord. CS 531 §5, 1993; Ord. CS 591 §2, 1995; Ord. CS 741 §4, 2000; Ord. CS 861 §3, 2003; Ord.
CS 1020 §§5, 6, 2007; Ord. CS 1117 §1, 2012; Ord.
CS 1181 §3, 2016; Ord. CS 1205 §3, 2017; Ord. CS 1258 §12,
2019)
Public and private airports are permitted subject to board of
supervisors approval when the following procedure is followed:
A.
Application
shall be made in writing on a form prescribed by the planning commission
and shall be accompanied by a filing fee in such amount as may be
fixed from time to time by order of the board of supervisors as well
as a plot plan and other pertinent data as may be deemed necessary
by the planning director.
B.
In
order to obtain an airport permit, the applicant must introduce evidence
in support of his application sufficient to enable the planning commission
and the board of supervisors to find that the establishment of the
airport is consistent with the general plan, consistent with any adopted
county policies and will not, under the circumstances of the particular
case, be detrimental to the health, safety, and general welfare of
persons residing or working in the neighborhood of the use and that
it will not be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the county.
C.
The
application shall be referred to the airport land use commission for
review prior to approval by the planning commission and board of supervisors.
D.
A public hearing shall be held by the planning commission. Notice of hearing shall be given as required by Section 21.96.040. The planning commission shall make a report of its findings and recommendations to the board of supervisors.
E.
Upon receipt of the report from the planning commission, a public hearing shall be held by the board of supervisors. Notice of the hearing shall be given as required by Section 21.96.040. At the conclusion of any hearing held by the board of supervisors, the board may approve the airport permit if the findings listed in Section 21.20.040(B) can be established.
(Ord. CS 106 §2, 1984; Ord. CS 531 §6, 1993)
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 A-2 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 A-2 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 board of supervisors 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:
1.
The
erection, construction, alteration, or maintenance of gas, electric,
water, communication facilities;
2.
Farm
labor camps and farm employee housing; and
3.
All Tier One uses requiring use permits listed in Section 21.20.030(A).
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 board of supervisors to determine whether they are consistent with the principles of compatibility set forth in Government Code Section 51238.1.
(Ord. CS 601 §1, 1995)
All divisions of land on property zoned A-2 (general agriculture)
shall conform to the minimum parcel designation exhibited on the county's
sectional district maps. The subdivision of agricultural land consisting
of unirrigated farmland, unirrigated grazing land, or land enrolled
under the Williamson Act, into parcels of less than one hundred sixty
acres in size shall be allowed provided a "no build" restriction on
the construction of any residential development on newly created parcel(s)
is observed until one or both of the following criteria is met:
A.
Ninety
percent or more of the parcel shall be in production agriculture use
with its own on-site irrigation infrastructure and water rights to
independently irrigate. For land which is not irrigated by surface
water, on-site irrigation infrastructure may include a self-contained
drip or sprinkler irrigation system. Shared off-site infrastructure
for drip or sprinkler irrigation systems, such as well pumps and filters,
may be allowed provided recorded long-term maintenance agreements
and irrevocable access easements to the infrastructure are in place.
B.
Use
of the parcel includes a confined animal facility (such as a commercial
dairy, cattle feedlot, or poultry operation) or a commercial aquaculture
operation.
(Ord. CS 106 §2, 1984; Ord. CS 344 §4, 1989; Ord. CS 1020 §7, 2007)
The minimum allowable area for creation of a parcel shall be
either three, five, ten, twenty, forty or one hundred sixty acres
as designated on the sectional district map following the zone symbol.
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. The
following shall be exempt as to the minimum parcel size requirements;
provided, the parcels are consistent with the subdivision ordinance
and all other applicable county regulations:
A.
Parcels
created or used for public utility or communication purposes;
C.
Repealed.
D.
Parcels created and used pursuant to Sections 21.20.030 and 21.20.040, or where there exists a nonresidential legal nonconforming use, approved by the planning commission based upon findings that such parcel exhibits size, location and orientation characteristics which are supportive of the use without detriment to other agricultural usage in the vicinity;
E.
Parcels created by a lot line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, where the integrity and purpose of Section 21.20.010 is maintained, where one of the parcels is already below the minimum lot area of the zone in which it is located, where a greater number of nonconforming parcels, in terms of parcel size and permitted dwelling(s), is not thereby created and the following criteria can be met:
1.
Parcels
greater than ten acres in size shall not be adjusted to a size smaller
than ten acres, unless the adjustment is needed to address a building
site area or correct for a physical improvement which is found to
encroach upon a property line. In no case shall a parcel enrolled
in the Williamson Act be reduced to a size smaller than ten acres;
and
2.
Parcels
less than ten acres in size may be adjusted to a larger size, ten
acres or greater in size if enrolled in the Williamson Act, or reduced,
if not enrolled in the Williamson Act, as needed to address a building
site area or correct for a physical improvement which is found to
encroach upon a property line.
(Ord. CS 106 §2, 1984; Ord. CS 142 §2, 1985; Ord. CS 333 §1, 1989; Ord. CS 344 §5, 1989; Ord.
CS 501 §2, 1992; Ord. CS 602 §1, 1995; Ord. CS 741 §5,
2000; Ord. CS 1020 §§8—10,
2007)
Yards required in A-2 districts:
A.
Front
yards:
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;
B.
Side
yards, interior lot line and rear yards: Five feet.
C.
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.
(Ord. CS 106 §2, 1984; Ord. CS 663 §40, 1998)
No fence, hedge or screen planting, in excess of three feet
in height, shall be constructed or permitted to grow within any required
front yard or side yard of a corner lot unless the director determines
that visibility will not be obstructed.
(Ord. CS 106 §2, 1984)
