CA Commercial Agriculture. The purposes of the CA Commercial Agriculture Zone District are to preserve the commercial agricultural lands within Santa Cruz County which are a limited and irreplaceable natural resource, to maintain the economic integrity of the economic farm units comprising the commercial agricultural areas of the County, to implement the agricultural preservation policy of SCCC § 16.50.010, and to maintain and enhance the general welfare of the County as a whole by preserving and protecting agriculture, one of the County's major economic sectors. Within the CA Commercial Agriculture Zone District, commercial agriculture and associated activities related to the viability of the commercial agricultural sector such as produce stands and agri-tourism/education shall be encouraged, and development of non-agricultural uses which may conflict with commercial agriculture shall be excluded.

A Agriculture. The purposes of the A Agriculture Zone District are to support a diversity of farm operations on agricultural land in the County which is not designated Type 1, Type 2, or Type 3, but which contributes to open space and/or rural character and may constitute a productive natural resource; to encourage noncommercial agricultural uses such as family farming, gardening, and animal raising; to allow limited appropriately scaled commercial agricultural activities on the small amounts of agricultural land remaining in the County which are not designated as commercially suitable, but which still constitute a productive natural resource; to provide for agricultural uses of a higher intensity in rural areas than those allowed in the RA Residential Agricultural Zone District where such use is compatible with the surrounding land uses and the environmental constraints of the land; to provide for agricultural support uses such as agricultural service establishments, agricultural processing facilities, and produce markets, and agriculturally related uses such as tree service and kennels as scaled, sited, and designed to protect agricultural production, minimize land use conflicts and to maintain the public health and general welfare; to maintain options for a diversity of farm operations; to implement the agricultural preservation policy of Chapter 16.50 SCCC; and to maintain productive open space and rural character in the County.

Agricultural Preserve and Farmland Security (-P) Combining District. Lands enrolled in the Williamson Act Program under the California Land Conservation Act of 1965 are subject to the requirements in Government Code Section 51200 et seq., and SCCC § 13.10.471 through § 13.10.473, and are designated as falling within an Agricultural Preserve and Farmland Security (P) Combining District, to denote lands that are restricted by Williamson Act contracts, and to regulate permitting on lands so restricted.

(D)

Interpretation of Provisions. The provisions of this chapter shall be liberally interpreted insofar as they apply to accommodating agricultural pursuits and services and shall not be deemed or construed to interfere with any normal accessory use conducted in conjunction therewith. It is the intention of the County to retain commercially viable agricultural areas for commercial agricultural production, and to encourage the commercial agricultural use of lands designated by the Board of Supervisors as Type 1, Type 2, or Type 3 agricultural lands as identified in the County GIS System; to provide maximum protection to existing and future agricultural enterprises from restrictions which may be instituted later at the request of future residents; to restrict incompatible development on or adjacent to agricultural land; and to maintain the existing parcel sizes for parcels zoned CA, except where it is clearly demonstrated that any division of such parcels shall not diminish the productivity or in any way hamper or discourage the long-term commercial viability of agricultural operations on said parcels or adjoining or nearby parcels.

(Ord. 3432 § 1, 1983; Ord. 5423 § 8, 2022)

13.10.312 Uses in agricultural districts.

(A)

Allowed Uses. The uses allowed in the agricultural districts shall be as provided in the agricultural uses chart in subsection (D) of this section. Certain disallowed uses that are preexisting on a parcel and were legally established may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.

(B)

Use Permits. A discretionary permit for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the agricultural uses chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures. All conditional use permits in the CA Zone District are also subject to the special findings required by SCCC § 13.10.314.

(C)

Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.037, a coastal development permit pursuant to SCCC § 13.20.050, or other discretionary review.

(D)

Agricultural Uses Chart. Allowed uses and permit requirements for agricultural zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) or the Board of Supervisors (BOS) is specified.
^A	Use must be ancillary to the main agricultural use of the subject parcel; or where so indicated in SCCC § 13.10.631—13.10.639, ancillary to a farming operation on another parcel or parcels in the County, owned or leased by the same entity.
NA	Use not allowed in this zone district.
"Development area" refers to the area of a parcel or site associated with an allowed use or development that is covered with structures, paving, or other impermeable or semi-permeable surface material such as baserock or gravel which may affect the long-term agricultural viability of the underlying soil.

Table 13.10.312-1: Agricultural Uses Chart
Use			Permit Required by Zone		References and Notes
Use			CA	A	References and Notes
Agriculture
Apiculture			P	P	Chapter 7.32
Aquaculture (fish, shellfish, or other animals)			CUP	CUP
Biomedical livestock operations			CUP	CUP	13.10.647
Container crops, including horticulture and food production, outdoor					13.10.639
1 acre or less			ZC	ZC	13.10.639
Area larger than 1 acre			MUP	MUP
Crop production			P	P	13.10.700-C
Dairy			MUP	CUP	Chapter 7.08, 16.22.060
Farmworker Housing: EHA (Employee Housing Act) project as defined in SCCC § 13.10.631, providing permanent, temporary, or seasonal housing for five or more farmworkers (agricultural employees). Includes employer-provided farmworker housing, rural farmworker housing, streamlined EHA project*, and EHA small farmworker housing project.			P	P	13.10.631 16.50.095(F) 13.11.037 *Streamlined project allowed outside Coastal Zone only.
Small farmworker housing project not subject to EHA, consisting of 1 to 4 dwelling units housing no more than 4 farmworkers total:					13.10.631 16.50.095(F) 13.11.037
Inside Coastal Zone:			CUP^A	CUP
Outside Coastal Zone:			P^A	P
Affordable rental farmworker housing project pursuant to development reserve, outside the Coastal Zone only (see SCCC § 13.10.631 for map of eligible areas)			CUP-BOS	CUP-BOS	13.10.631 16.50.095(F) 13.11.037
Greenhouse, hoop house			P/ ZC	P/ ZC	13.10.636 13.20.073 13.11.037 ZC required for greenhouses > 500 sf.
Hatchery facility, poultry			P	P	SCCC § 13.10.700-H
Hydroponic farm			MUP	AUP
Livestock production and grazing
Large animals (horses, cows, llamas) up to 8 per acre; hogs up to 2 per acre; medium animals (sheep, goats, alpacas) up to 16 per acre; small animals (rabbits, mink, poultry) up to 100 animals per acre, in any combination			P	P	13.10.645 13.10.646 16.22.060 13.10.313
Animals at a greater density			P	AUP	13.10.645 13.10.646 16.22.060 13.10.313
Timber harvesting and associated operations (allowed outside the Coastal Zone only)			P	NA
Water pollution control facility, agricultural, to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board			MUP	MUP	16.20, 16.22 16.30
Agricultural Support
Agri-tourism and education					13.10.633; 13.10.700-A 13.11.037 Agri-tourism facility buildings limited to a total of 3,500 sf.
School visits, preschool—12th grade, no limit on number of events per year or number of students			P^A	P
Other agri-tourism and education events, not exceeding 12 per year	50 or fewer guests per event		P^A	P
	51—100 guests per event	Parcel less than 15 acres	P^A	AUP
	51—100 guests per event	Parcel 15 acres or larger	P^A	P
Other agri-tourism and education events, exceeding 12 per year or number of guests provided above			MUP^A	AUP/CUP*	*CUP for events located within 200 feet of a residentially zoned parcel or within 200 feet of a residence.
Any agri-tourism and education event(s) with outdoor amplified music			AUP^A	AUP/CUP*	*CUP for event(s) located within 200 feet of a residentially zoned parcel or within 200 feet of a residence.
Administrative offices, agricultural			P^A	P^A	13.11.037
Agricultural processing facility					13.11.037
Up to 5,000 sq. ft. development area			MUP	AUP	13.10.632 13.10.700-A 13.11.037 *CUP inside Coastal Zone
>5,000 sq. ft. up to 60,000 sq. ft. development area			AUP/CUP*	AUP
>60,000 sq. ft. development area			NA	CUP
Agricultural service establishment					13.10.638 13.10.700-A 13.11.037
<1,000 sq. ft. development area			MUP^A	MUP	* On CA, limited to a total development area of 10,000 sf.
1,000 to 7,500 sq. ft. development area			CUP^A	AUP
>7,500 sq. ft. development area*			CUP^A-PC	CUP
Consumer harvesting			P	P
Farmstay/homestay			MUP^A	MUP^A	13.10.641, 13.10.700-F
Fuel storage tanks and pumps			ZC	ZC
Home occupation			P^A/CUP^A	P^A/CUP^A	See 13.10.613 to determine when a CUP is required
Indoor growing facility for mushrooms or other crops, excluding greenhouses					13.10.634 13.11.037
Up to 1,000 sq. ft.			P	P
>1,000 sq. ft.—20,000 sq. ft total indoor structure area on the parcel			P	CUP
Kennel			MUP^A	AUP	13.10.646 13.11.037
Lumber mill			NA	CUP
Museum, agriculture or natural history			CUP^A*-PC	CUP-PC	*On CA, limited to a total development area of 12,000 sf.
Produce sales area, temporary; produce stand
< 800 sq. ft.			P^A	MUP^A	13.10.640 13.11.037
800 sq. ft. to 1,600 sq. ft.			P^A	MUP^A	13.10.640 13.11.037
Produce market					13.10.640 13.11.037
Up to 1,800 sq. ft.			NA	MUP^A
1,800 to 3,600 sq. ft.			NA	CUP^A
Research and development establishment, agricultural			P^A	P	13.10.644 13.11.037 On CA, limit of 35,000 sf development area, excluding areas for container crops.
Storage of agricultural equipment and supplies, indoor or outdoor					13.10.635 13.11.037 *ZC required for storage buildings, and for storage areas larger than 1,000 sf 13.10.313(E)
Up to 12,000 sq. ft. development area			P^A/ZC*	P/ZC*
>12,000 sq. ft. development area, located off Type 1—3 soils			MUP^A	AUP
>12,000 sq. ft. development area on Type 1—3 soils			CUP/PC^A	CUP
Stable, commercial riding or boarding; riding academy			P/CUP^A	P/CUP	See 13.10.644 for permit requirements
Tree service			NA	AUP
Veterinary office, animal hospital			CUP^A	CUP	13.10.644 13.11.037 On CA, limited to a total development area of 15,000 sf.
Water wells, storage tanks and distribution lines, well covers, and small pump houses utilized for agriculturally related activities			ZC	ZC	13.20.073
Winery, brewery, or distillery					See 13.10.637 for features that may increase permit requirements. On CA, limited to a total development area of 35,000 sf.
Production only, less than 1,000 gallons			P^A	P^A
Small: up to 10,000 gallons wine or spirits, or 3,000 barrels beer, per year			MUP^A	MUP^A
Medium: >10,000 – 30,000 gallons wine or spirits, or 3,000 – 6,000 barrels beer, per year			AUP^A	AUP^A
Large: >30,000 gallons wine or spirits, or >6,000 barrels beer, per year			CUP^A	CUP^A
Winery signs					13.10.637
Up to 12 sq. ft., non-illuminated			P^A	P^A
Greater than 12 sq. ft. or illuminated			MUP^A	MUP^A
Zoo			NA	CUP	13.10.644 13.10.700-Z 13.11.037
Zoo, petting			P^A	P^A	13.10.644 13.11.037
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC § 13.10.650 (Non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation: existing legal structure (including greenhouses)			P	AUP^X	^X: CUP for non-Class CG licensed cultivation activities, and greenhouses over 20,000 square feet
Greenhouse replacement, reconstruction, or structural alteration			P	CUP	Subject to 13.10.636(B) and (C)
Indoor cultivation: new non-greenhouse structure					New structures not permitted in the coastal zone and 1-mile buffer. ^X: CUP for non-Class CG licensed cultivation activities.
≤ 2,000 sf			MUP	AUP^X
> 2,000 sf			CUP	CUP
Indoor cultivation: new greenhouse					New structures not permitted in the coastal zone and 1-mile buffer. ^X: CUP for non-Class CG licensed cultivation activities. ^N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district.
< 2,000 sf			MUP	AUP^X
2,000 – 20,000 sf			MUP^N	NA
> 20,000 sf			AUP	NA
Outdoor cultivation (including hoop house)			P	AUP^X	New hoop houses not permitted in the coastal zone and 1-mile buffer. ^X: CUP for non-Class CG licensed cultivation activities.
Water tank			P^A	MUP^A	^A: Accessory to cannabis cultivation
Manufacturing, Class 1 and 2					New structures not permitted in the coastal zone and 1-mile buffer.
Outside the coastal zone and 1-mile buffer:
≤ 2,000 sf			MUP	MUPA*±
> 2,000 sf			AUP	AUPA*±
Inside the coastal zone and 1-mile buffer:					^A: Cannabis manufacturing uses must be ancillary to on- site commercial cannabis cultivation in the A district. ±: CUP if manufacturing activity involves cannabis imported from off site or employees (not including the owner). *CUP on parcels < 5 acres.
≤ 2,000 sf			MUP	MUP±
> 2,000 sf			CUP	CUP
Manufacturing, Class 3			AUP*	NA	New structures not permitted in the coastal zone and 1-mile buffer. *CUP for existing structures > 2,000 sf in the coastal zone
Distribution, Class 1: existing legal structure					^A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation in the A district.
≤ 2,000 sf			P	MUP^A
> 2,000 sf			P	CUP^A
Distribution, Class 1: new structure					New structures not permitted in the coastal zone and 1-mile buffer. ^A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation in the A district.
≤ 2,000 sf			MUP	MUP^A
> 2,000 sf			AUP	CUP^A
Distribution, Class 2: existing legal structure			P	NA	Class 2 distribution is not permitted in new structures in agricultural zone districts.
Distribution, transport only			P	P
Community and Public Facilities
Energy facilities, cogeneration			MUP^A	MUP	13.10.700-C; 13.11.037 On CA land, limited to a total development area of 5,000 sf.
Energy facilities, microgrid			CUP^A	AUP	13.10.700-M; 13.11.037 On CA land, limited to a total development area of 5,000 sf.
Facilities for fish and wildlife enhancement and preservation			P	P
Fire protection facilities			NA	AUP	13.11.037
Flood control works, including channel rectification and alteration, for agricultural use			ZC	ZC
Flood control projects, other than for agricultural use
1 acre or less			CUP	CUP
More than 1 acre			CUP-BOS	CUP-BOS
Dams, canals, and aqueducts of public water projects			CUP-PC	CUP-PC	13.11.037
Public or private recreational uses (such as playfields) that do not include permanent structures or paving			CUP	CUP	13.11.037
Reservoirs					13.11.037
25 acre feet or less			CUP	CUP
>25 acre feet			CUP-BOS	CUP-BOS
Sanitary landfill, publicly owned or contracted, as an interim public use			CUP-PC	CUP-PC	13.10.639; 13.11.037
Septic tank sludge disposal sites approved by County Health Officer, outside the Coastal Zone			NA	CUP-PC	Chapter 7.42
Wastewater treatment plant for the production of recycled water for agricultural irrigation use			CUP-PC	CUP-PC	13.10.643; 13.11.037
Wireless communication facilities			P/CUP	P/CUP	*Refer to 13.10.660 et seq., for permitting requirements Subject to SCCC § 13.10.660 through § 13.10.664, inclusive
Other public facility and public/quasi-public community facilities as defined in SCCC § 13.10.700-P, where determined to be of significant benefit to public health, safety, and welfare, with any loss of agricultural land mitigated			NA	CUP-PC	13.10.314; 13.10.635(D) 13.10.700-M (microgrid) 13.10.700-P; 13.11.037
Housing and Accessory Uses
Single-family dwelling, < 5,000 sf					13.10.313(F); 13.10.314(B); 13.10.324(C); 13.11.037; 16.50.095 13.10.313(E) On CA, limit of one single- family dwelling per parcel.
Inside Coastal Zone			CUP^A	P
Outside Coastal Zone			P	P
Single-family dwelling, >5,000 sf			CUP	CUP
Dwelling groups (other than agricultural employee housing and caretaker units or accessory dwelling units), subject to dwelling group density standards					13.10.313 16.50.095
2—4 units			NA	AUP
5 or more units			NA	CUP-PC
Accessory dwelling unit (ADU) or junior ADU located within 100 feet of the primary dwelling			P^A	P	13.10.313; 13.10.681 13.11.037; 13.20.107—108 16.50.095
Residential accessory structure, habitable* or non-habitable			P^A	P	*Limit of one habitable accessory structure in CA, located within 100 feet of the primary dwelling 13.10.313; 13.10.611; 13.11.037; 16.50.095
Foster homes for seven or fewer children, not including those of the proprietary family			P	P	On CA, allowed only within the main dwelling. 13.10.700-F; 16.50.095
Foster homes for eight or more children, not including those of the proprietary family			CUP	AUP
Residential care home serving 6 or fewer residents			P	P	In CA, allowed only within the main dwelling. 13.10.700-R; 16.50.095
Family (child) day care home (must be in conjunction with residential use)			P^A	P^A	Serving up to 14 children. SCCC § 13.10.613; 13.10.700-D 16.50.095
Home occupations			P^A/CUP^A	P^A/CUP^A	13.10.616
Visitor Accommodations
Bed and breakfast inn			CUP^A-PC	CUP	13.10.691; 13.11.037 Not allowed on sites with a farmstay use. In CA, allowed only in the main dwelling.
Hosted rental			ZC^A	ZC^A	13.10.690
Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals			AUP^A	AUP^A	In CA, allowed only within the main dwelling. 13.10.694
Vacation rentals, new, with 4 or more bedrooms			CUP^A	CUP^A	In CA, allowed only within the main dwelling. 13.10.694

(Ord. 3432 § 1, 1983; Ord. 3593 § 3, 1984; Ord. 3632 § 5, 1985; Ord. 3646 § 1, 1985; Ord. 3766 § 1, 1986; Ord. 3787-C § 2, 1986; Ord. 3842 § 1, 1987; Ord. 3845 § 2, 1987; Ord. 3893 § 1, 1988; Ord. 4036 § 3, 1989; Ord. 4094 § 2, 1990; Ord. 4097 § 2, 1990; Ord. 4099 § 2, 1990; Ord. 4158 § 2, 1991; Ord. 4346 § 7, 1994; Ord. 4369 § 1, 1995; Ord. 4406 § 2, 1996; Ord. 4416 § 2, 1996; Ord. 4471 § 1, 1997; Ord. 4474-C § 1, 1998; Ord. 4495 § 2, 1998; Ord. 4578 §§ 1, 2, 1999; Ord. 4659 § 1, 2002; Ord. 4715 § 1, 2003; Ord. 4738 §§ 1, 2, 2003; Ord. 4744 § 1, 2003; Ord. 4751 § 4, 2003; Ord. 4770 § 1, 2004; Ord. 4808 §§ 1–5, 2005; Ord. 4814 § 1, 2006; Ord. 4821 § 1, 2006; Ord. 4836 §§ 12–41, 2006; Ord. 4883 § 1, 2007; Ord. 4921 §§ 2, 3, 4, 2008; Ord. 5018 §§ 1–5, 2008; Ord. 5061 §§ 4–8, 2009; Ord. 5092 § 1, 2011; Ord. 5152 § 1, 2013; Ord. 5229 § 1, 2016; Ord. 5239 § 2, 2017; Ord. 5264 § 2, 2018; Ord. 5265 § 1, 2018; Ord. 5266 § 1, 2018; Ord. 5272 § 2, 2018; Ord. 5302 § 1, 2019; Ord. 5321 § 1, 2019; Ord. 5325 § 3, 2020; Ord. 5326 § 3, 2020; Ord. 5334 § 2, 2020; Ord. 5336 § 2, 2020; Ord. 5345 § 1, 2020; Ord. 5365 § 1, 2021; Ord. 5382 § 1, 2021; Ord. 5402 § 1, 2022; Ord. 5423 § 8, 2022; Ord. 5439 § 1, 2023)

13.10.313 Development standards in agricultural districts.

(A)

Site and Structural Dimensions. The following site area per dwelling unit, site width, frontage, yard dimensions, and building height limits shall apply to all agricultural zone districts except that maximum height limits and exceptions therefrom for residential structures in all agricultural districts shall be determined in accordance with the provisions of SCCC § 13.10.323 applicable to parcels in the residential zone districts. On legal lots of record less than two and one-half acres in size, all site and structural dimensions of the residential districts as indicated in SCCC § 13.10.323 shall apply, based on the pre-existing parcel size.

Table 13.10.313-1: Agricultural Site and Structural Dimensions
Designation	Parcel Size	Width	Frontage	Front Yard
A	Less than 5 acres	100'	60'	20'
A	5 acres or more	300'	100'	20'
CA	(All)	300'	100'	20'

Designation	*Setbacks:**			Maximum Height :**
Designation	Front	Side	Rear	Agricultural Structures	Residential Structures
A	20'	20'	20'	40'	28'
CA	20'	20'	20'	40'	28'

* For soil-dependent greenhouses, including hoop houses that meet the definition of an agricultural shade structure (SCCC § 12.10.315(A)(11)) or those that require a building permit solely because of having mechanical, electrical, or plumbing equipment; the setback from all property lines abutting, on, or across a street or road from another agriculturally zoned parcel is 10 feet. Where an abutting agriculturally zoned parcel is under common ownership or leasehold, hoop houses may be constructed with a zero foot setback from the side and rear property lines.

** Agricultural windmills and wind machines for crop production are exempt from the height provisions of this chapter.

(B)

Distance Between Structures. Incidental and accessory structures may be attached to and have a common wall with a main structure on a site or may be connected with a main structure by a breezeway; provided, that a structure housing livestock shall not be attached to a structure used for human habitation. Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be 10 feet. The minimum distance between dwelling units shall be 10 feet. The minimum distance between a structure used for human habitation and a structure housing livestock shall be 50 feet. Exceptions to the minimum distance between structures require approval of a minor exception or variance.

(C)

Buffer Requirements. Habitable structures, and uses involving intensive human activity, including residential development, and commercial or industrial establishments, that are adjacent to parcels zoned Commercial Agriculture (CA) and/or on lands designated as Type 1—3, Agricultural Resource Land shall provide a buffer setback in accordance with the provisions of SCCC § 16.50.095. Where required to comply with agricultural buffer setback requirements, an ADU may be located more than 100 feet from the main dwelling, with the additional distance from the main dwelling limited to the minimum distance required to meet the buffer setback requirements. Agricultural buffers shall not be required between nonagricultural and commercial agricultural uses on the same parcel unless otherwise specified by the SCCC. For buffer requirements for farmworker housing, see SCCC § 13.10.631.

(D)

Dwelling Group Densities. Dwelling groups within the A Agriculture Zone District may be allowed at a density per dwelling unit pursuant to Chapter 13.14 SCCC pertaining to rural residential density determinations. Agricultural employee housing in accordance with SCCC § 13.10.631 is considered an agricultural use for the purpose of calculating density for zoning purposes.

(E)

Total Development Area On CA.

(1)

Residential and Agricultural Support Uses.

(a)

The total combined development area on Type I-III agricultural soils for residential and agricultural support uses as identified in the Agricultural Uses Chart (excluding access roads) shall not exceed 60,000 square feet or 10 percent of the gross site area, whichever is larger.

(b)

For proposed residential or agricultural support uses that would result in a combined development area for residential and agricultural support uses on Type 1—3 soils greater than 35,000 square feet, a conditional use permit and master plan shall be required, and the following findings shall apply:

(i)

An alternative sites analysis provided by the applicant and supported by technical studies demonstrates that there are no feasible sites available on the subject parcel or on other parcels owned or leased by the applicant that are located off Type 1—3 agricultural land and viable agricultural soils that could accommodate the proposed use;

(ii)

There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 35,000 quare feet and substantially reduce impacts to viable agricultural land; and

(iii)

Farmable portions on the subject parcel, or farmable areas on other sites owned by the agricultural operator equal or greater in size than the total development area of the subject parcel, have been placed in a permanent agricultural easement to protect the land for future farming use.

(2)

Discretionary Community and Public Facility Structures on CA Land. For discretionary community and public facility structures allowed in the CA Zone District (excluding wastewater treatment plants for the production of recycled water for agricultural irrigation use which are subject to findings provided in SCCC § 13.10.643), the following findings shall apply to development areas that exceed 35,000 square feet, in addition to findings required pursuant to SCCC § 13.10.314(A)(2) and (3):

(a)

There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 35,000 square feet and substantially reduce impacts to viable agricultural land; and

(b)

Farmable portions on the subject parcel, or farmable areas on other commercial agricultural sites equal or greater in size than the total development area of the subject parcel, have been placed in a permanent agricultural easement to protect the land for future farming use.[1]

[1]

The Pajaro River Flood Risk Management Project and other flood control projects for which environmental documentation compliant with CEQA has been prepared are exempt from this finding.

(Ord. 3432 § 1, 1983; Ord. 3755 § 1, 1986; Ord. 4037 § 2, 1989; Ord. 4097 § 3, 1990; Ord. 4314 § 1, 1994; Ord. 4346 § 8, 1994; Ord. 4406 § 3, 1996; Ord. 4416 § 3, 1996; Ord. 4836 §§ 42–44, 2006; Ord. 5152 § 2, 2013; Ord. 5321 § 3, 2019; Ord. 5423 § 8, 2022)

13.10.314 Required special findings for CA uses.

(A)

Nonresidential Conditional Uses. For parcels within the CA Commercial Agriculture and the Agricultural Preserve (-P) Combining Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve any nonresidential project listed under SCCC § 13.10.312 that requires a conditional use permit, except agricultural uses and agricultural buffer determinations:

(1)

That the establishment or maintenance of this use will enhance or support the continued operation of commercial agriculture on the parcel (excepting public/quasi-public community facilities of significant benefit to public health, safety, and welfare) and will not reduce, restrict, or adversely affect agricultural activities or resources, or the economic viability of commercial agricultural operations, in the area;

(2)

The use is sited on the property to avoid removing land from production and to preserve agricultural resource soils. If avoidance and preservation are not possible, remove as little land as possible from agricultural production and future production. Technical reports may be required to demonstrate conservation of farmland to the maximum extent feasible; and

(3)

That the use or structure is ancillary to the principal agricultural use of the parcel, or to parcels owned or leased by the operator where so indicated in SCCC § 13.10.312(D), Agricultural Uses Chart, or:

(a)

That no other agricultural use is feasible for the parcel;

(b)

That the use consists of an interim public use which does not impair long-term agricultural viability;

(c)

The use consists of a permanent public use that will result in the production of recycled wastewater facility solely for agricultural irrigation and that limits and mitigates the impacts of facility construction on agriculture consistent with the requirements of SCCC § 13.10.635 and § 13.10.643; or

(d)

The use consists of a permanent discretionary community or public facility use as allowed in the Agricultural Uses Chart that the County has determined to be of significant benefit to the public health, safety, and welfare, subject to the following additional findings:

(i)

Loss of commercial agricultural land is mitigated, which may include a permanent agricultural conservation easement on land of at least equal quality and size, as partial compensation for the direct loss of agricultural land, mitigations consistent with SCCC § 13.10.643(D), or other feasible mitigations;[1]

[1]

The Pajaro River Flood Risk Management Project and other flood control projects for which environmental documentation compliant with CEQA has been prepared are exempt from the findings described in subsections (A)(3)(d)(i) and (v) of this section.

(ii)

For public facility uses with a development area greater than 12,000 square feet, an analysis is provided of two alternate sites located off agricultural resource land, identifying why development on these sites is not feasible;

(iii)

The public facility use does not significantly degrade air and water quality;

(iv)

If located in the Coastal Zone, the public facility use is consistent with the California Coastal Act; and

(v)

If located on Type 3 agricultural land in the Coastal Zone, the public facility use does not impair agricultural viability through increased assessment costs to other agricultural parcels in the area.

(B)

Discretionary Residential Uses in the Commercial Agriculture (CA) and Agricultural Preserve (-P) Combining Zone Districts. In the CA or -P zone districts, to establish a residential use requiring a Use Permit or Site Development Permit pursuant to SCCC § 13.10.312(D) and § 13.11.037, including a single-family dwelling, the following special findings shall be made in addition to those required by Chapter 18.10 SCCC. These findings shall be based upon a review and determination by the decision-maker. These special findings do not apply to the establishment of agricultural employee housing or a caretaker's unit, which are considered agricultural uses (see SCCC § 13.10.631 for applicable standards).

(1)

That the use will be sited to minimize conflicts with commercial agricultural activities on site, where applicable, or in the area;

(2)

That the use is sited on the property to avoid removing land from production and to preserve agricultural resource soils. If avoidance and preservation are not possible, remove as little land as possible from agricultural production and future production;

(a)

Conditions of approval related to the above finding may include one or more of the following: siting the proposed use on the perimeter of good agricultural soils, locating on the least agriculturally viable area of the parcel clustering near existing buildings and/or other site development, utilizing existing site access or locating the development on the site to minimize the total area required for new site access, and minimizing the use of paving materials or other impervious surfacing to that necessary to accommodate the proposed use;

(3)

That the owners of the parcel have executed binding hold harmless covenants with the owners and agricultural operators of adjacent agricultural parcels. Such covenants shall run with the land and shall be recorded prior to issuance of the use permit; and

(4)

For the establishment of a single-family dwelling or ADU on a CA parcel in the Coastal Zone, the following additional finding applies: that the parcel is less than one acre in size; or that the parcel has physical constraints (such as adverse topographic, geologic, hydrologic, or vegetative conditions) other than size that preclude commercial agricultural use; or that the residential use will be ancillary to commercial agricultural use of the parcel based on the fact that either:

(a)

The farmable portion of the parcel, exclusive of the building site, is large enough in itself to constitute a minimum economic farm unit for three crops, other than greenhouses, suited to the soils, topography and climate of the area; or

(b)

The owners of the subject parcel have a long-term binding arrangement for commercial agricultural use of the remainder of the parcel, such as an agricultural easement.

(C)

Recreational Playfields.

(1)

For parcels within the CA Commercial Agricultural Zone District, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve recreational playfields:

(a)

That the use will not impair the long-term use of the parcel for commercial agricultural purposes;

(b)

That the use does not involve permanent structures or paving and does not require the extension of urban infrastructure such as water or sewer lines or conflict with LAFCO or Coastal Commission policies. Surfacing of a pedestrian access to meet the requirements of the Americans with Disabilities Act shall not be prohibited by this provision;

(c)

That the use will not conflict with commercial agricultural activities on site, where applicable, or in the area; and

(d)

That the use will be sited to remove as little land as possible from production.

(Ord. 3432 § 1, 1983; Ord. 3646 § 2, 1985; Ord. 4094 § 3, 1990; Ord. 4439 §§ 1, 2, 1996; Ord. 4821 § 1, 2006; Ord. 4836 § 45, 2006; Ord. 5264 § 3, 2018; Ord. 5265 § 2, 2018; Ord. 5423 § 8, 2022; Ord. 5443 § 1, 2024)

13.10.315 CA land division criteria.

(A)

All Parcels in the CA Zone District.

(1)

All land divisions of fewer than 20 lots in the CA Zone District shall require a public hearing before the Planning Commission, and land divisions of 20 or more lots require a public hearing before the Board of Supervisors, pursuant to SCCC § 18.10.110 and Chapter 14.01 SCCC, Subdivision Regulations.

(2)

All proposed land divisions within the CA Zone District shall be reviewed by the Agricultural Policy Advisory Commission for a recommendation for approval or denial of the proposed division, and for a determination of the ability to make the special findings required by this section, the potential for conflicts from the proposed division, and where appropriate, the minimum parcel size necessary to allow for economic farming of the parcels.

(3)

No land divisions shall be permitted in the CA Zone District for the purpose of using the new parcel(s) for nonagricultural uses. Dividing off land which is not usable for agriculture from viable commercial agricultural land is permitted only where the division is for a public purpose, and will not adversely impact commercial agriculture in the area.

(4)

Divisions of land not zoned CA from land zoned CA are governed by SCCC § 16.50.085.

(B)

Type 1 Parcels. The following findings shall be made prior to the approval of any land division in the CA Zone District for land designated as Type 1 land pursuant to Chapter 16.50 SCCC:

(1)

That the resulting parcels are not less than 10 arable acres in size, except for the following:

(a)

The creation of a new parcel no less than one acre in size for an affordable rental farmworker housing (ARFH) project pursuant to SCCC § 13.10.681 may be allowed on Type 1 or 2 agricultural land when necessary to obtain financing for construction of the project. Such a parcel is not required to be of sufficient size to allow for economic farming, and shall not include a condominium map;

(2)

That the division is for exclusively agricultural purposes, which includes the creation of a new parcel for an ARFH project;

(3)

That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, or on adjoining or nearby parcels;

(4)

That the division is necessary for continued commercial agricultural use of the subject parcels. In the event a recorded agricultural preserve (Williamson Act contract), or conservation easement exists on a parcel proposed to be divided under this section, said contract or easement shall constitute evidence of a long-term commitment to continued agricultural use and shall satisfy the requirement for this finding;

(5)

That all parcels shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, except for parcels created solely for the purpose of an ARFH project pursuant to SCCC § 13.10.681, which are not subject to this requirement. Technical reports may be required to confirm the crop types that are suited to a particular soil. With respect to parcels restricted by a Williamson Act contract the finding shall be made either that (a) all parcels created shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, or that (b) the owners of all parcels created have recorded an agreement with the County that guarantees the original owner the right to continue to use the newly created parcel for exclusive commercial agricultural uses. Land subject to a Williamson Act contract that is approved for division shall continue to be restricted in the aggregate to the permitted and discretionary uses which would have been available to the original parcel under the Williamson Act contract had the original parcel remained undivided; and

(6)

That no conflicts with adjacent agricultural operations shall result from the division.

(C)

Type 2 Parcels. The following findings shall be made prior to the approval of any land division in the CA Zone District for land designated as Type 2 land pursuant to Chapter 16.50 SCCC:

(1)

That the resulting parcels are not less than 20 arable acres in size, except for the following:

(a)

The creation of a new parcel no less than one acre in size for an ARFH project pursuant to SCCC § 13.10.681 may be allowed on Type 1 or 2 agricultural land when necessary to obtain financing for construction of the project. Such a parcel is not required to be of sufficient size to allow for economic farming, and shall not include a condominium map;

(2)

That the division is for exclusively agricultural purposes, including the creation of a new parcel for an ARFH project;

(3)

That the division will result in agriculturally viable parcels; and

(4)

That no conflicts with adjacent or nearby commercial agricultural uses will result from the division.

(D)

Type 3 Parcels. The following findings shall be made prior to the approval of any parcel division in the CA Zone Districts for land designated as Type 3 land pursuant to Chapter 16.50 SCCC:

(1)

That the resulting parcel sizes are not less than 20 arable acres;

(2)

That the division is necessary for continued commercial agricultural use of the subject parcels;

(3)

That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, adjoining, or nearby parcels;

(4)

That the division is exclusively for agricultural purposes;

(5)

That all parcels are of sufficient size to constitute a minimum economic farm unit for three crop types, other than greenhouse agriculture, suited to the soils, topography, and climate of the area;

(6)

That no conflicts with adjacent agricultural operations shall result from the division;

(7)

That such division will not create the potential for residential use other than that determined to be ancillary to commercial agriculture pursuant to SCCC § 13.10.314(A) and (B); and

(8)

That such division will not hamper or discourage long-term commercial agricultural operations.

(Ord. 3432 § 1, 1983; Ord. 3845 § 2, 1987; Ord. 4346 § 9, 1994; Ord. 4836 §§ 46, 47, 2006; Ord. 5321 § 4, 2019; Ord. 5423 § 8, 2022)

13.10.316 Land division criteria in the Agriculture (A) Zone District.

The minimum average parcel size in net developable acres for new parcels created in the A Zone District outside the urban services line (USL) shall be within the range of two and one-half to 20 or 10 to 40 acres per dwelling unit and shall be consistent with the requirements of the General Plan/Local Coastal Program Land Use Plan, Chapter 16.50 SCCC, pertaining to protection of noncommercial agricultural land, and Chapter 13.14 SCCC pertaining to rural residential density determinations.

(Ord. 5423 § 9, 2022)

13.10.317 Minimum parcel sizes for lot line adjustments.

The required minimum parcel sizes for lot line adjustments in the CA and A Zoning Districts shall be as follows, based on net site area except as noted:

(A)

A District. For parcels with a General Plan designation of Agriculture (AG), parcels shall not be reduced in size below the minimum size in net developable acres provided by Chapter 13.14 SCCC, Rural Residential Density Determinations. For parcels with a General Plan designation of R-M, the minimum parcel size shall be 10 acres. For parcels with a General Plan designation of R-R, the minimum parcel size shall be two and one-half acres.

(B)

CA District.

(1)

No parcel designated as Type 1—3 agricultural resource land shall be reduced in size by a lot line adjustment, unless it can be demonstrated that the proposed adjustment will not adversely affect the agricultural viability of agricultural land which is located on the subject parcels or on adjacent parcels. The Planning Director may refer the determination of agricultural viability to the Agricultural Policy Advisory Commission.

(2)

Except as provided in subsections (C) and (D) of this section, in no case shall parcels with both a General Plan designation as Agriculture, and designated, all or in part, as Type 1 Agricultural Resource, be reduced to a net site area of less than 10 arable acres; parcels designated, all or in part, as Type 2 or Type 3 Agricultural Resource, shall not be reduced to a net site area of less than 20 arable acres.

(C)

In the A or CA zoning districts, a parcel no less than one acre in size for an affordable rental farmworker housing (ARFH) project pursuant to SCCC § 13.10.631 may be allowed when necessary to obtain financing for construction of the project. Such a parcel shall not include a condominium map.

(D)

Exceptions. Minimum parcel sizes for lot line adjustments in the A and CA zoning districts shall not apply, where:

(1)

The sole purpose and effect of the lot line adjustment is to remedy a driveway encroachment, or a structural encroachment otherwise lawfully developed where the resulting property line meets the required minimum setback or any approved variance therefrom, in which case APAC review is not required; or

(2)

The lot line adjustment results in an equal exchange of land and each resulting parcel and arable land area are the same size after the lot line adjustment as before; APAC review is still required if the area of arable land is reduced on a parcel, in which case APAC review is not required.

(Ord. 5423 § 9, 2022)

13.10.318 Agricultural Policy Advisory Commission review.

Agricultural Policy Advisory Commission (APAC) review, and approval where indicated, shall be required for all of the following development projects having the potential to affect agricultural lands, as designated on the County's Agricultural Resources Map:

(A)

Approval of agricultural buffer setback reduction permits pursuant to SCCC § 16.50.095;

(B)

Lot line adjustments to reduce the size or arable area of a CA zoned parcel, as provided by SCCC § 13.10.317;

(C)

Applications for residential uses requiring a use or site development permit on parcels zoned CA in the Coastal Zone pursuant to SCCC § 13.10.314(B);

(D)

Land divisions on lands designated as Agricultural Resources in the County General Plan;

(E)

Amendments to agricultural resource designations;

(F)

Actions to establish, amend, or cancel Williamson Act contracts;

(G)

Determinations of agricultural viability associated with the conversion of Commercial Agricultural lands (Agricultural Resource Lands) to noncommercial lands, such as a proposal to rezone lands out of the Commercial Agricultural Zone District, or findings of nonviability;

(H)

Any use on Commercial Agricultural Land which requires review by the Planning Commission or Board of Supervisors per SCCC § 13.10.312(D);

(I)

Any other project for which APAC review is required pursuant to the Santa Cruz County Code, General Plan, or other applicable regulations; and

(J)

Matters referred to the APAC by the Board of Supervisors.

(Ord. 5423 § 9, 2022)

13.10.319 Other standards and conditions for agricultural districts.

Other use and development standards applicable to agricultural zone districts include but are not limited to the following provisions of the SCCC:

Table 13.10.319-1: Other Development Standards Applicable in Agricultural Zone Districts
Development Standards	SCCC
Nonconforming uses and structures	13.10.260 et seq.
General site standards	13.10.500—13.10.600
Accessory structures, home occupations, weddings and community events, and temporary uses	13.10.611—13.10.616
Use of nondevelopable land	13.10.671
Accessory dwelling units	13.10.681
Design review and site development	Chapter 13.11
Parking and circulation	Chapter 13.16
Coastal Zone regulations	Chapter 13.20
Roadway and roadside improvements	Chapter 15.10
Environmental and resource protection restrictions	Title 16
Agricultural buffers/setbacks	16.50.095

(Ord. 5423 § 9, 2022)