(a) All Uses. For parcels within the “CA” Commercial Agriculture and “AP” Agricultural Preserve Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 in order to approve any discretionary use listed under Section 13.10.312 which requires a Level V or higher Approval except 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 and will not reduce, restrict or adversely affect agricultural resources, or the economic viability of commercial agricultural operations, of the area.
2. (a) That the use or structure is ancillary, incidental or accessory to the principal agricultural use of the parcel or (b) that no other agricultural use is feasible for the parcel or (c) that the use consists of an interim public use which does not impair long-term agricultural viability; or
3. The use consists of an interim public use which does not impair long term agricultural viability, or consists of a permanent public use that will result in the production of recycled wastewater solely for agricultural irrigation and that limits and mitigates the impacts of facility construction on agriculture consistent with the requirements of Section 13.10.635; and
4. That the use will be sited to remove no land from production (or potential production) if any nonfarmable potential building site is available, or if this is not possible, to remove as little land as possible from production.
(b) Residential Uses in the Coastal Zone. For parcels within the “CA” Commercial Agricultural and “AP” Agricultural Preserve Zone Districts in the Coastal Zone, the following special findings shall be made in addition to those required by Chapter 18.10 and paragraph (a) above in order to approve any discretionary residential use including a single-family residence, a permanent caretaker’s residence, or habitable accessory structure. These findings shall be based upon a review and determination by the Agricultural Policy Advisory Commission.
1. 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 which preclude commercial agricultural use; or that the residential use will be ancillary to commercial agricultural use of the parcel based upon the fact that either:
(i) 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
(ii) 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.
2. That the residential use will meet all the requirements of Section 16.50.095 pertaining to agricultural buffer setbacks.
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 Development permit.
(c) Recreation Playfields Outside the Coastal Zone.
1. For parcels within the “CA” Commercial Agricultural and “AP” Agricultural Preserve Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 in order to approve recreational playfields outside the Coastal Zone:
(i) That the use is temporary and will not impair the long-term use of the parcel for commercial agricultural purposes.
(ii) That the use does not involve permanent structures or paving. Surfacing of a pedestrian access to meet the requirements of the Americans with Disabilities Act shall not be prohibited by this provision.
(iii) That the use will not conflict with commercial agricultural activities on site, where applicable, or in the area.
(iv) That the use will be sited to remove no land from production (or potential production) if any nonfarmable site is available, or if this is not possible, to remove as little land as possible from production.
2. For parcels with the “AP” Agricultural Preserve Zone District, the requirements set forth in Government Code Section 51238.1(a) must also be met to approve recreational playfields outside the Coastal Zone. (Ord. 2622, 1/23/79; 2771, 9/11/79; 3015, 12/2/80; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; Ord. 3646, 5/7/85; Ord. 4094, 12/11/90; Ord. 4439, 11/5/96; Ord. 4761 § 16, 5/18/04; Ord. 4821 § 2, 4/4/06)