4-0-5 Agricultural Permit Exemption

This document outlines the requirements and procedure for the review and approval of an application for an Agricultural Permit Exemption (AEX), in accordance with the Sonoma County Code.

Section 7-7 of the Sonoma County Code allows for an exemption from permitting new construction, repairs, alterations, or additions to buildings designed and constructed for use in housing farm machinery, animals, supplies or products that are harvested from or utilized on a parcel of land.  Buildings constructed pursuant to this section shall conform to all applicable codes and regulations and the applicant shall obtain an Agricultural Permit Exemption (AEX) prior to the work being conducted.

In order to qualify for an agricultural permit exemption, the following conditions shall apply:

1. The building shall be located a minimum of 60 feet from all property lines.
2. The building shall be located a minimum of 60 feet from other non-exempt structures, except as may be specifically approved by the Building Official.
3. The building shall not contain waste plumbing.
4. Building permit(s) shall be obtained for installation of any proposed electrical, mechanical, or water systems.
5. The farm property (including contiguous parcels) on which the building is located is five (acres) or greater in size.
6. The building is in a location not subject to any Combining Districts as shown in the Parcel Zoning or the appropriate planning approval has already been issued and documented.
7. If the location of the proposed structure is subject to Combining Districts as shown on the parcel zoning that would require additional permits for compliance with the County Zoning Code (Chapters 26 and 26C of the County Code), the required permits must be issued prior to Planning Division approval of the Agricultural Permit Exemption.
8. The property has an agricultural use at the time of application, or substantial evidence of a future agricultural use is provided.
   1. The Chief Building Official shall review and approve the sufficiency of evidence of any future agricultural use(s) proposed.
9. The building does not exceed two (2) stories in height.
10. The building is prescriptive wood frame construction with structural spans of 25 feet or less or is a manufactured pre-engineered building.
11. A building of wood frame building where spans of structural members exceeding twenty-five (25) feet may apply if accompanied by building plans and calculations prepared, stamped and signed by a licensed civil or structural engineer or architect.

• Sonoma County Code Sections 7-7, 7B, and 13-25
• California Building Code
• California Fire Code
• California Business and Professions Code Sections 5500 and 6700

1. Required application material

   An application for an Agricultural Exempt Structure (AEX) shall be completed through the online portal. In order to be considered a complete application and be routed for review the following items shall be included in the application.
   
   A plan set identifying and justifying that the proposed construction adheres to all applicable Sonoma County and State of California rules, regulations, and statutes. At a minimum, the plan set submitted shall contain the following:
   1. A site plan compliant with CSS-019 Minimum Standard Site Plan Requirements for Building & Engineering Applications.
      1. In addition to minimum site plan requirements, the site plan shall also adequately identify and describe the location(s) of the existing agricultural use of the property.
   2. A cover sheet, including the following:
      1. The proposed scope of work.
      2. The specific agricultural use of the structure proposed.
      3. The existing (or future if specifically approved) agricultural use of the property.
      4. Identification of the responsible individual(s) for the design and construction of the structure.
      5. Individual responsible for design shall be a licensed engineer or architect, when required by the business and professions code.
      6. Individual responsible for construction shall be a licensed contractor unless an owner-builder affidavit is provided.
      7. Identification of the codes applicable to the design of the structure. A statement identifying that the structure proposed will only be used for agricultural purposes and will not be used for any other uses without the application and approval of an associated Building Permit (BLD).
      8. Sheet index of all sheets within the plan set.
   3. Adequate floor plan(s) of all proposed building areas shall be provided, clearly and in detail identifying the proposed agricultural use of all proposed rooms and spaces.
   4. Adequate construction plans and specifications demonstrating adherence to prescriptive design limitations and requirements. Alternatively, a design prepared, sealed, signed, and dated by a licensed design professional shall be included.
   5. Additional information shall be required to be detailed in the plan set for structures required to meet applicable Fire Safe Standards. See specific requirements in the Fire Prevention section below.

2. Permit Technician

   The Permit Technician reviews the submittal package for completeness and verifies all required application material has been provided. The application shall not be accepted and invoiced for review until all minimum submittal items have been uploaded by the applicant, in accordance with Section A above. Each proposed agricultural exempt structure shall have a separate application package, plan set, and application number, even if multiple structures are proposed on the same property. Required approval tasks are activated, appropriate fees are applied and invoiced, and upon payment the application is assigned to each affected division for review and associated approval, denial, or requests for additional information.

3. Code Enforcement

   (Only if there is an active violation on the property.)
   The Code Enforcement Officer will review the applicability of the existing violation on the property, in relation to the scope of work proposed.

4. Zoning

   A Planner shall verify appropriate zoning and land use requirements to determine if the exemption can be approved or if a planning permit may be required for the proposed structure. A Planner shall verify that an agricultural use exists on the parcel or obtain approval from the Chief Building Official for a proposed future agricultural use, per item G above in the General requirements section. The Planner shall review the proposed building location and deny the application if proposed to be located in an F1 floodway. If approved and no additional planning permit is required, the Planner will approve the application for issuance in the AEX application’s workflow.

5. Fire Prevention

   The Fire Code Official will review the application for adherence to the currently adopted California Fire Code and the Sonoma County Fire Safe Standards ordinance, when applicable.
   1. Even though they are exempt from building permits, Fire Safe Standards (excluding fire sprinklers) are applicable to certain agricultural exempt structures depending upon whether they are constructed in the State Responsibility Area (SRA) or the Local Response Area (LRA) Very High Fire Severity Zone (VHFSZ). The Fire Code Official will determine the area of responsibility for fire purposes when the application for agricultural exemption is submitted. Fire Safe Standards for these buildings shall apply as follows:
      1. New agricultural exempt buildings larger than 8,000 square feet located within the State Responsibility Area and the Local Responsibility Area in the Very High Fire Severity Zone (VHFSZ) are subject to Fire Safe Standards. Fire Safe Standards plan check and inspections fees shall be charged under Over the Counter Plan Review 1292 in Accela to the AEX Permit. New agricultural exempt buildings less than 8,000 square feet are not subject to Fire Safe Standards.
      2. A new road, a new driveway or a new bridge that is constructed to exclusively serve an agricultural exempt building which is larger than 8,000 square feet and which is located within the State Responsibility Area or the Local Responsibility Area VHFSZ must comply with Fire Safe Standards. Separate permits are required for these improvements and Over the Counter Plan Review fees shall be charged using fee 1292 to the AEX Permit.
      3. An approved onsite water supply shall be provided as approved by the Fire Code Official when the agricultural exempt building is greater than 8000 square feet.
      4. Defensible Space shall be provided and maintained around all agricultural exempt buildings regardless of size per Section 4291 of the Public Resources Code and Sonoma County Code Chapter 13A

6. Well and Septic

   Well and Septic staff reviews the site plan for compliance with the county’s Onsite Wastewater Treatment Systems Manual to verify certain items such as setbacks to any septic system(s) and reserve replacement area(s).

7. Storm Water/Grading/Drainage

   Engineering staff reviews the site plan and the proposed building location. The applicant is advised if a separate grading permit is required. If a grading permit is required, the grading permit must be issued prior to approval of the agricultural exemption. Note: Grading permits are required for any new roads or driveways and excavations exceeding applicable thresholds. An Encroachment permit is required for any work proposed in the public right-of-way including the construction or upgrade of a driveway entrance to a property.

8. Plan Check

   A Building Plans Examiner reviews the site plan to determine if the proposed building complies with minimum setbacks from property lines and between other buildings. The Building Plans Examiner will also review the floor plan to determine the proposed use of all rooms and spaces is consistent with an agricultural building definition, per Chapter 2 of the California Building Code. Building staff shall also review the structural aspects of the design for completeness and that the design was prepared in accordance with the California Business and Professions Code, although a review of the structure to resist applicable loading criteria will not be conducted. If the project is proposed to be constructed in a F2 (floodplain), Building Division staff will verify flood resistant construction has been addressed.

9. Site Evaluation

   Virtual site evaluation for the proposed agricultural exemption will be conducted electronically using Permit Sonoma GIS Mapping tools, satellite imagery, and any requested photos:
   1. Flood hazard zone. Agricultural exempt buildings are not allowed in a F1 floodway. This will be verified as part of the site review process. If the project is proposed in a F2 floodplain, the applicable base flood elevation will be noted.
   2. Soil stability. Permit Sonoma will use Technical Bulletin B-28 to determine if a geotechnical report is required. If so, the property owner will be notified that a geotechnical report is required prior to the approval of the agricultural exemption.
   3. Setback requirements. Verify that the proposed building conforms to setback requirements and recent aerial imagery is consistent with the provided Site Plan. The site plan will be used to show the minimum required setbacks of 60 feet from all property lines and other non-exempt structures, unless a 40-foot setback exception to other adjacent structures is granted.
   4. Agricultural use. Verification that an agricultural use exists on the property may be determined by using photos at the request of Site Review staff. If the agricultural use cannot be established on the property until after the agricultural building is constructed (i.e., can’t place the horses on the property without a building to house the feed, etc.), a letter from the property owner with a clear description of the proposed agricultural use shall be provided for review and acceptance on a case-by-case basis, by the Chief Building Official. Other information to justify the approval may be requested.
   5. Approval. If it is determined that the agricultural exemption can be approved, site review staff will enter the appropriate site review workflow approval in Accela. A letter of Approval for the Agricultural Exemption will be uploaded to the application in Accela and emailed to the applicant. The approval letter will act as the approval to commence construction; there are no inspections during the construction process.

10. Building Inspection

    The proposed structure shall be completed within a 3-year period which starts from the date of approval of the exemption. Once the structure has been completed, the owner shall contact the Building Inspection Division (PermitSonoma-BuildingInspection@sonomacounty.gov) and schedule a verification inspection. The sole purpose of this inspection shall be to ensure that the structure is complete and is being used for the use stated on the application for exemption. Once this verification has occurred, the Notice of Agricultural Exemption shall be completed, signed, and delivered to the Sonoma County Recorder. The application status at this time shall be advanced to “Sent to Recorder”.

11. Building Plan Check Office Assistant

    Once the recorded Notice of Agricultural Exemption is received from the Recorder’s Office, the Building Plan check Office Assistant will upload the document to the application’s documents section and mail a copy to the applicant. The application workflow will be updated and will move to a “Recorded” status. At this point there is no further action, and the application is considered complete.

Not applicable.

Approved By: Scott Orr, Director

Reviewed By Deputy Director: Nathan Quarles, Engineering and Construction Deputy Director

Reviewed By Department Manager: Brad Cannon, Building Division Manager

Reviewed By County Counsel: Not Applicable

Lead Author: Bryan Waters, Senior Engineer