Employee housing: agricultural employees.

The Planning and Zoning Law requires that the housing element of a city's or county's general plan include, among other things, an analysis of any special needs housing, such as the needs of, among others, farmworkers. A provision of the Employee Housing Act provides that employee housing that meets specified requirements is deemed an agricultural land use and prohibits a local government from requiring a conditional use permit, zoning variance, or other zoning clearance for that employee housing. This bill would require that certain agricultural worker housing be deemed an agricultural land use for purposes of the general plan of a local agency and, except as provided, would prohibit the local agency from requiring a conditional use permit or other discretionary permit, zoning variance, or other zoning clearance for that housing that is not required for any other agricultural use within the same zone. The bill would define "local agency" for these purposes as a city, county, or city and county, including a charter city, charter county, or charter city and county. The bill would also provide that local sewage disposal requirements only apply to agricultural worker housing if that agricultural worker housing is connected to an existing sewage disposal system. The bill would require the Department of Housing and Community Development to propose building standards applicable to agricultural worker housing subject to these provisions that comply with specified requirements, as provided. The bill would declare that its provisions address a matter of statewide concern and would apply equally to any local agency, as defined. The bill would also make various technical and conforming changes to the Employee Housing Act. Under existing law, a violation of the Employee Housing Act is a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.