Farmworker Housing in Ventura County

APAC Meeting Ruchita Kadakia, Senior Planner, County of Ventura December 9, 2020 Tricia Maier, Planning Manager, County of Ventura Intent for Today’s Presentation

1. Project Objective and Scope

2. Current County Ordinance provisions for Farmworker Housing a. Farmworker Dwelling Units b. Farmworker Housing Complexes c. Infrastructure requirements (water, sanitation)

3. New State Legislation

4. Summary of Conceptual Changes to the County’s Non-Coastal Zoning Ordinance

5. Tentative Project Timeline

2 Project Objective and Scope

A. Implement Program adopted by the County Board of Supervisors: Housing Element Program 3.3.3.5(8): The Planning Division, in consultation with farmworker housing organizations, will evaluate development standards applicable to discretionary farmworker complexes and, if warranted to facilitate farmworker complexes, will adopt new or amend existing development standards.

B. Consistency of County’s zoning ordinance with State Law: The Employee Housing Act Sec. 17000-17062.5, and Assembly Bill 1783

C. Develop Public Information brochures that outline available options

and the entitlement process 3 Farmworker Housing in the County Current Requirements

Farmworkers in Ventura County

Estimated 18,000-23,000 farmworkers in County , Forestry, Fishing and Hunting made up 32.6% of total jobs in the unincorporated county 2017

Where do farmworkers mostly live in the County? Picture location: Valle Naranjal Farmworker Housing, Piru 9 farmworker camps regulated by the state (unincorporated County) Farmworker housing units and complexes regulated by the County Low-income housing near existing farmland Single family residences with multiple families 6 Types of Farmworkers and their Housing Needs

Majority of farmworkers are permanent residents of the County and are most likely require housing which can accommodate families.

Migrant Farmworkers which perform agricultural labor on a seasonal or temporary basis. These workers need housing in the form of single occupancy rooms, bunkhouses, or dormitory style living.

Approximately 10% of all workers are H2A Visa workers and they perform seasonal labor on a temporary basis, for up to 10 months. Like the migrant farmworkers, H2A Visa workers require similar housing types.

7 Farmworker Housing

Current Provisions in the Non-Coastal Zoning Ordinance

Accessory Dwelling Units (Sec. 8107-1.7)

Farmworker and Animal Caretaker Units (Sec. 8107-26)

Farmworker Housing Complexes (Sec. 8107-41) Types of Farmworker Housing

Farmworker and Animal Farmworker Housing Complexes Caretaker Dwelling Units Discretionary Permit Over-the-counter Ministerial Permit (Planned Development Permit, with (Zoning Clearance) Planning Commission approval) 9 Farmworker Housing Units

Existing Farmworker Housing in the County: 138 farmworker/animal caretaker units 165 units in farmworker housing complexes Rancho Sespe – 100 units Valle Naranjal – 65 units 161 units in 9 state-licensed farmworker camps

Approximately 464 units are designated for farmworkers in the unincorporated County.

Picture location: Limoneira Farmworker Housing, Santa Paula Farmworker Housing Entitlement Process (Current)

Discretionary Permit 11 Current Ordinance Provisions Allowable Zones: OS = Open Space AE = Agricultural Exclusive RA = Rural Agriculture TP = Timberland Preserve

12 Farmworker and Animal Caretaker Dwelling Units (NCZO Sec. 8107-26) Allowed in OS, AE, RA, and TP zones § Permitted through a Zoning Clearance (ZC) § Maximum 4 units allowed per legal lot § Units less than 1,800 square feet § Meets density table requirements

§ Permitted through a Conditional Use Permit (CUP), approved by Planning Director § More than 4 units per legal lot § Units over 1,800 square feet § If they don’t meet the standards from the density table

13 Farmworker and Animal Caretaker Dwelling Units

14 Farmworker and Animal Caretaker Dwelling Units

Additional Requirements § Meets Employment Criteria § Full-time employee, or disabled/retired employee who was previously full-time

§ Annual Employment Verification required (can be accessed online)

§ May use manufactured units/mobile homes for units

§ Can build a farmworker or animal caretaker dwelling unit in addition to an ADU on site, as long as requirements for both are met

§ Access to Water and Sanitation required for each unit 15 Farmworker Housing Complex

Farmworker Housing Complex – A residential facility where the dwelling units are rented to, or sleeping quarters in a dormitory are occupied by, persons who are principally employed within the County of Ventura for activities associated with Crop and Production, and all uses listed there under. Members of the farmworker’s household, if any, may also occupy said dwelling unit.

Principally Employed – The source of personal income that exceeds 50% of the gross personal income as reflected in a person’s previous annual income tax return.

16 Farmworker Housing Complexes (NCZO Sec. 8107-41) Allowed in OS and AE zones § Minimum lot size depends on zone § OS = 10-acre min lot size § AE = 40-acre min lot size § Parcels zoned AE within or adjacent to a City’s Sphere of Influence can be less than 40 acres, as long as minimum 10 acres of parcel is retained for Agricultural use. (Sec. 8103-2.7) § Permitted through a Planned Development Permit (Planning Commission approved) § Multi-family housing complexes § Community centers may be included § Require that the farmworker is employed within Ventura County § Meets Employment Criteria § Full-time employee, or disabled/retired employee who was previously full-time § Annual Employment Verification

§ Access to Water and Sanitation required 17 Farmworker Complex - Example

Valle Naranjal, Piru – 66 units

18 Farmworker Complex - Example

Rancho Sespe, Fillmore – 100 units 19 Farmworker Complex – Proposed

Somis , unincorporated Camarillo – 360 units 20 Required Permits from County

Planning Division: Zoning Clearance or Planned Development/Conditional Use Permit (Based on type of proposed housing)

Environmental Health Division: Onsite wastewater treatment system (OWTS) permits are required to assure proper disposal of wastewater septic systems Operating permits required for safe potable water sources (private, onsite water well)

Building & Safety Division: Building permits required for construction and/or repair of farmworker housing in dwelling units which are not mobilehomes 21 Infrastructure Requirements - Water

Access to Potable Water Sources - Options: A) Connection through an on-site well; or

B) Connection to local water purveyor

If more than 25 people are served by an onsite well, the system would be permitted and regulated by the State Water Resources Control Board

22 Infrastructure Requirements - Sanitation

Access to Sanitation/Sewer (Consistent with the County Sewer Policy) A) If available, connection to public sewer utility line is required

B) Onsite wastewater treatment system (OWTS); also referred to as a septic system

C) Wastewater treatment package plants Requires a separate Conditional Use Permit for the plant Requires a Waste Discharge Requirement (WDR) permit from the State Water Resources Control Board

23 Updates made by the Planning Division since 2003

2005: Complexes are exempt from building coverage standards in the Zoning Ordinance, and traffic policies identified in the General Plan

2011: Reduced minimum acreage requirements in the AE zone for complexes (from 40 to 10 acres) if the lot is adjacent to a city boundary or located within a City’s sphere of influence

2020 (General Plan Update): Policy CTM-1.5 in the General Plan exempts Farmworker Housing Complexes, other housing exclusively for lower-income households and affordable housing developments that are served by roads currently operating at LOS “E” or better 24 Standardized Plans

Standardized plans are available at the County for construction of an Accessory Dwelling Unit (ADU) or Farmworker Dwelling Unit Separate Building Permit required for each unit

Available for three different dwelling unit sizes : 700 sq. ft., 900 sq. ft., and 1,200 sq. ft. Sample plans are available on the County website: https://www.vcrma.org/accessory-dwellings-farmworker-dwellings

Cannot be used for construction of units in: Areas over 4,000 ft. elevation (e.g. Lockwood Valley); or Areas with adverse geotechnical conditions (e.g. La Conchita)

Standardized plans cannot be modified 25 Standardized Plans

700 square feet (1 bedroom)

900 square feet (2 bedroom)

1200 square feet (3 bedroom)

26 Standardized Plans

Benefits: County Building and Safety Division develops and provides final plans consistent with Title 24 requirements (including final prints)

Reduces overall cost and processing time for units Saves engineering fees Reduces plan check time by half (from 4 weeks to 2 weeks)

Plans available at no additional cost to applicant

27 New State Legislation Employee Housing Act AB 1783 Department of Housing and Community Development (HCD) Regulated Farmworker Housing

The State’s Employee Housing Program oversees the construction, maintenance, use, and occupancy of privately-owned and -operated employee housing facilities providing housing for five or more employees to assure their health, safety, and general welfare.

The Department of Housing and Community Development (HCD) enforces state laws and regulations related to the Employee Housing Act The Act establishes requirements for permits, fees, and responsibilities of employee housing operators and enforcement agencies, including the Department. ( Health and Safety Code, Section 17000-17062.5)

29 Employee Housing Act (California Health and Safety Code, Section 17000-17062.5)

Generally, Department of Housing and Community Development (HCD) regulates “employee housing” that houses 5 or more employees, through the Employee Housing Act: § Housing is provided in connection with any work, whether or not rent is involved § Housing is in a rural area that is: Provided by someone who is not an agricultural employer, and Provided for agricultural workers employed by any agricultural employer § Mobilehomes can be used for an employee housing facility § Does not apply to employee housing that is: Owned by a public entity, or Financed with public funds equaling 50% or more. § Permits for up to 12 units or 36 beds in group quarters shall not be subject to any additional permitting restrictions or fees that the County does not otherwise require of any other agricultural activity in that same zone 30 Employee Housing (HCD Regulated)

Certain County Zoning and Environmental Health requirements continue to apply, even if HCD issues the Building permits and regulates the housing Initial Approval (PD/CUP) including zoning, setbacks, heights, etc.; Operative conditions of approval such as employment criteria and verification; Access to water/sanitation; Fire Department requirements; etc.

Information related to the Employee Housing Program is available on the HCD website: http://www.hcd.ca.gov/building-standards/employee-housing/index.shtml

31 HCD Regulated Farmworker Housing (example)

Limoneira – 65 units 32 HCD Regulated Farmworker Housing (example)

Fillmore Labor Camp, 9 dorms, 65 employees 33 Assembly Bill 1783

Allows a streamlined ministerial (over-the-counter) approval process to a smaller subset within the Employee Housing Act

Projects need to meet a range of requirements for eligibility, such as: Located on Agricultural zoned land Not located in an environmentally unsafe or sensitive area Not dormitory style housing, or H2A housing A qualified affordable housing organization (as certified by HCD) shall maintain and operate the project Shall provide housing for affordable to lower income agricultural employees for a min of 35-year deed restriction

34 Summary of Proposed Amendments Non-Coastal Zoning Ordinance Summary of Proposed Amendments (NCZO)

Issue Proposed Amendment(s) Two different sections in • Combine both into one section called Agricultural Worker Housing Article 7 (Sec. 8107-26 & (removes repetitive language and makes it easier for public 8107-41) reference).

Does not include Employee • Add a new Section in Article 7 for Employee Housing to explain Housing (for consistency purpose of the Employee Housing Act (for both agricultural and non- with State Law) agricultural workers), and cross reference to the general development standards for employee housing included in the Agricultural Worker Housing section.

Missing Definitions • Add new definitions for agricultural worker housing, employee housing, permanent employee, seasonal employee, temporary employee, and amend existing definitions for consistency with State Law, etc.

36 Proposed Amendments for Consistency with State Law

Add “Employee Housing” as a use in the land use matrix in all residential zones – for both Agricultural and Non-Agricultural Employees

Allow 12 units or 36 beds in group quarters with a Zoning Clearance

Allow for higher density with a discretionary permit (PD or CUP) - same as other farmworker housing

Staff is developing a streamlined application for residential multi-family housing that can be approved with a Zoning Clearance pursuant to State Law (to facilitate AB 1783)

37 Farmworker Housing Permits since 2014

65 of the 66 farmworker dwelling units in 2014 were part of the Limoneira Company farmworker housing complex project. Summary of Proposed Amendments (NCZO) Issue Proposed Amendment(s) a) Farmworker Dwelling Units (Increase opportunities for development of housing) Density table in Sec. 8107-26.1 • Amend density table to reflect current crop trends (based on crop acreages) is too restrictive • For those that do not meet crop acreage requirements for farmworker dwelling units, amend discretionary permit type from Conditional Use Permit to Planned Development Permit

39 c r o p s Ojai crops Fillmore

Santa Paula

San Buenaventura Simi Valley Moorpark

Camarillo Oxnard Thousand Oaks

Port Hueneme

2018 Crop & Report, VC Agricultural Commissioner

LEGEND

BLACKBERRY CHRISTMAS TREE FORAGEHAY/SLGE LEMON, AVOCADO OAT RASPBERRY TANGERINE Crops BLACKBERRY, RASPBERRY CILANTRO GRAPE LEMON, ORANGE OLIVE RASPBERRY, BLUEBERRY TANGERINE,AVOCADO OTHER CROPS LEMON,TANGERINE ORANGE TOMATO BLUEBERRY CITRUS GRAPEFRUIT RASPBERRY, STRAWBERRY ALFALFA LIME WALNUT CITRUS, AVOCADO GRAPEFRUIT,LEMON ORANGE, AVOCADO Rotational Crops APPLE CABBAGE NURSERY-FLOWERS WAT ERCRESS CITRUS, LEMON HERB, SPICE ORANGE,TANGERINE SOD FARM (TURF) AVOCADO CARROT NURSERY-PLANTS CITRUS, TANGERINE KALE PEPPER FRUITNG STRAWBERRY BARLEY CELERY Organic NURSERY-TRANSPLANT CUCUMBER, TOMATO PUMPKIN ORGANIC BEANLIMA CHERIMOYA LEMON STRAWBERRY, Rotational 40 Crops

STANDARDS FOR MINISTERIAL FARMWORKER AND ANIMAL CARETAKER DWELLING UNITS (Sec. 8107-26.1) Preliminary Draft Table 8107-41.1 MAXIMUM ALLOWABLE DENSITY FOR MINISTERIAL FARMWORKER Density Table AND ANIMAL CARETAKER DWELLING UNITS Agricultural Land Use Maximum Allowable Density of Farmworker and Animal Based on discussions with Caretaker Dwelling Units or Mobile Homes Irrigated row crops, specialty One unit per 40 20 acres in crops Agricultural Commissioners crops, , vineyards and field-grown plant materials Office on current crop Irrigated pasture, Vineyards, One unit per 40 30 acres in crops orchards, and field crops, grain trends: and hay Dry farming orchards, beans and One unit per 160 80 acres in crops specialty field crops, irrigated High Intensity Labor pasture, grain and hay Greenhouses and hothouses One unit per 100,000 sq. ft. 2 acres of propagating greenhouse Medium Intensity Labor Nurseries One unit per acre of propagating greenhouse but must have at least 3 acres of field-grown plant materials as a supportive use Low Intensity Labor Rangeland One unit per 320 acres grazing land Fowl and poultry One unit per 50,000 20,000 broiler chickens, or one unit per 50,000 15,000 egg-laying hens, or one unit per 5,000 3,000 turkeys Horse ranches and equestrian One unit per 10 brood mares, or one unit per 25 equines, where a Very-Low Intensity Labor facilities stall exists for each animal

41

FWH Draft Ordinance sections_Updated_12_2_2020.docx 7 Summary of Proposed Amendments (NCZO) Issue Proposed Amendment(s) a) Farmworker Dwelling Units (Increase opportunities for development of housing) Regulations restrict building on • New - Allow clustering of housing on one lot owned by the same one legal lot even if farmer owner, and require a deed restriction to be executed and may have multiple adjacent lots recorded by the property owner which restricts the remaining agricultural parcels with same ownership utilizing clustered farmworker housing as part of the discretionary permit process

Lack of housing options for • New - Up to 36 beds would be allowed with a ministerial permit seasonal/temporary workers (consistent with Employee Housing Act)

• New - Allow maximum one self-contained trailer in AE and OS zones, with a Limited Term Zoning Clearance for a maximum period of 180 days in one calendar year

42 Limited-Term Permit for Trailers for Seasonal Farmworkers Zoning Clearance for the Limited-Term Trailer Permit covers: Maximum one self-contained trailer allowed on each lot; Allowable Zones - Agricultural Exclusive (AE) and Open Space (OS); Will include site design criteria; Maximum allowable period: 180 days in one calendar year – trailer to be removed for the remainder of the year, or stored on site as per Sec. 8107-1.6.4 (Open Storage); Permit application requirements to include: - Justification for required number of seasonal/temporary farmworkers; - Indicate water & sewer availability; - Applicant to sign Affidavit affirming that trailer will only be used for farmworkers; - Pre-paid applicable County fees for a monitoring program to be conducted by Compliance staff; and, - Applicant to submit a bond up front for removal of the trailers from the site for the remainder of the year. 43 Summary of Proposed Amendments (NCZO)

Issue Proposed Amendment(s) b) Farmworker Complexes (Address HE Program) Allowed only in AE and OS zones • New - Extend use to the RA zone, allowed with a discretionary which limits number of developable Planned Development permit parcels, and often these don’t have adequate services for higher-density residential development

No development standards included • New - Add development standards for dwelling units, in ordinance complexes, and group quarters

• New - Add development standards for temporary trailers (allowed for a limited term)

44 Tentative Project Timeline

APAC Meeting (for early feedback) - December 9, 2020 CEQA Review - February-March 2021 APAC Meeting (for recommendation) - March 2021 Planning Commission Hearing - April 2021 Board of Supervisors Hearing - June 2021 Preparation of Public Information Brochures - Summer 2021

45 Questions?

Contact: Ruchita Kadakia, Senior Planner, [email protected] Tricia Maier, Long Range Planning Manager, [email protected]