Receive a staff report and brief presentation to initiate discussion of farmworker housing needs in Yolo County. (No general fund impact) (Lindbo/Cormier) (Est. Time: 10 min)

Receive a staff report and brief presentation, initiate discussion, and provide further direction to staff regarding farmworker housing needs in Yolo County.

The issue of farmworker housing needs in Yolo County has resurfaced in recent months and staff is seeking direction from the Board of Supervisors for immediate and long term solutions. Historically, it is well known that farmworkers must often commute long distances to the agricultural areas and are often forced to live in overcrowded, high-priced, substandard living conditions. Increasingly, however, more and more farmworkers call Yolo County home, but live well beyond their means and in unfavorable conditions. These hardships and economic inefficiencies can also create an unstable labor supply for local growers. It is expected that this discussion will focus primarily on the need for permanent farmworker housing, without diminishing options to provide seasonal and other affordable housing provisions.
 

As highlighted in the 2030 Countywide General Plan, the success of Yolo County depends upon the success of agriculture, and the County sets an objective to obtain affordable, quality housing for farmworkers and their families. However, housing in Yolo County is expensive and the ability for a farmworker family to afford permanent housing can be cost prohibitive; yet, housing is key to more economic prosperity for those families that play a vital role in Yolo County's agricultural sector.

Development of affordable housing in unincorporated communities with access to services is an option the County has long promoted in its policies and programs, but financing for such projects requires a complex system of partners and subsidies, such as US Department of Agriculture Rural Development, Community Development Block Grant funds, Federal Housing and Urban Development, Federal Farm Labor loans and grants, and others. Unfortunately, the rural areas often lack infrastructure capacity to support extensive new farmworker housing and the additional costs to provide water, sewer, roads, and utility infrastructure increase the financing challenge of keeping units affordable.

Farmworkers are considered a special housing needs group due to their limited income and the often unstable nature of their employment. Thus, the unique needs and circumstances of agricultural workers must be taken into consideration and explored, which typically occurs (and reoccurs) during the update of the County's Housing Element every eight years.  Agriculture will continue to play a primary role in Yolo County's economy and, therefore, a robust analysis of farmworker housing need was most recently considered in the 6th Cycle Housing Element Housing Plan, adopted by the Board of Supervisors as a General Plan Amendment in 2021.

Of vital importance when considering housing for farmworkers and their families is access to amenities such as schools, libraries, grocery stores, childcare, healthcare, recreation, and other services, which are not always readily available in unincorporated communities.  While the County has historically directed the majority of its housing needs to the incorporated cities where services are more abundant and readily available, there are, with limitations, development opportunities in a few of the County's unincorporated communities, such as Esparto and possibly Dunnigan.

As a long-term measure, staff supports a robust effort to facilitate farmworker housing in those communities with access to services and other amenities. However, as a short-term measure, development of farmworker housing on agricultural land is also a viable option. By definition, farmworker housing is considered an agricultural land use and the County's Zoning Regulations for the Agricultural Zones provide for residential uses that support the agricultural industry. Private parties seeking to develop farmworker housing under the state's Employee Housing Act may refer to Health and Safety Code Section 17021.6, which is briefly summarized later in this staff report.

This focused discussion centers on the County's provisions for siting residences in the agricultural areas as an additional means to provide farmworker housing (Yolo County Code Section 8-2.402). Under these regulations, it is assumed that approximately 2.5 acres of each legal agricultural parcel will be devoted to residential development, which may include one primary home (could be a duplex) and one ancillary home up to 2,500 square feet, as well as detached garages and workshops, and other amenities such as leach fields for septic systems, pools, garden sheds, etc. Additional homes in the agricultural areas currently require a Minor Use Permit and many local growers take advantage of this provision to provide additional housing for farmworker families. In the Clarksburg Agricultural District Overlay Zone, up to three homes are allowed through an administrative (non-discretionary) Site Plan Review, with more than three requiring a Minor Use Permit.

Taking advantage of these allowable uses, an agricultural landowner may choose to construct a primary home or duplex that houses six or fewer farmworkers; much like a small residential care facility, this kind of residential use is no different from any other single-family use. An ancillary (second) home could also be constructed to serve farmworker housing needs. If additional homes are necessary, a property owner may seek a Minor Use Permit, which requires a discretionary review and public hearing. What is not considered under this scenario is the development of multifamily housing structures on ag land to serve farmworker housing needs. The County's Zoning Regulations for residential uses in the Agricultural Zones primarily assume development of single-family or two-family structures to control density and reduce impacts on farming operations.

STATE FARMWORKER HOUSING REGULATIONS

The Housing and Community Development (HCD) Department oversees employee housing in California.  The State has regulated employee housing since 1913, when it was the responsibility of the Commission on Immigration and Housing.  In 1927, the program was transferred to the Department of Industrial Relations, and then in 1965 to HCD. HCD only regulates privately operated employee housing and excludes government-run facilities.  Housing for four or fewer employees is exempt from State regulation.

The Zoning Regulations for the Agricultural Zones currently allow, by-right, development of farmworker housing for up to 12 homes or 36 beds, so long as the project complies with the state's Employee Housing Act.  Employee housing of up to 36 beds or 12 single-family residential units is defined under State law as an agricultural use.  Employees do not have to work on the property where the housing is located.  Such facilities must be permitted by the State. Standards for meeting these requirements can be found in Section 8-2.306(aa) of the County Code. To date, farmworker housing under these provisions has not been realized due to regulatory hurdles.

BARRIERS
Capital costs and infrastructure capacity are the primary barriers to producing affordable, quality farmworker housing in the unincorporated area of the County. Existing County regulations currently defer to state regulations (Employee Housing Act) for developing farmworker housing on ag land.  However, these regulations are antiquated and do not meet the needs of today's farmworkers currently living in Yolo County beyond their means and in substandard conditions.  Development of extensive farmworker housing on agricultural land could also present conflicts with policies that ensure the conservation and protection of agriculture and/or would unnecesarily place farmworker families in locations without access to services.

OPTIONS

• Modify the existing Zoning Regulations to create more flexibility for developing farmworker housing on agricultural lands, where appropriate.
  • Direct staff to further study the use of an overlay zone, such as the Agricultural District Overlay Zone, for meeting farmworker housing needs in the agricultural areas.
• Partner with the cities to promote farmworker housing in areas close to services.
• Partner with other agencies, such as Yolo County Housing and the Yocha Dehe Wintun Nation, to seek solutions in existing communities.

Capay Valley farmers, residents, and interested parties
Farmworker Housing Ad Hoc Committee (District 2 and District 5)
Agricultural Commissioner
Farm Bureau