The proposed Code Amendment provides for minor changes to Yolo County Code Section 8-2.2804, which sets forth the findings to be made in approving conditional uses. The proposed amendment does not change the type or range of uses allowed in a zoning district. The amendment simply recognizes the range of uses allowed by existing zoning regulations, including regulations that allow non-agricultural uses in agricultural zones such as rural recreation, bed and breakfasts, event centers, and solar and wind energy projects.
The proposed changes are intended to eliminate any potential inconsistency between the findings requirements and the types of conditional uses that may be approved, particularly in agricultural zones. The proposed changes would eliminate the existing finding relating to the use of on site crops for agricultural research facilities, and would expand the existing finding relating to “agriculturally related” uses to also include alternative energy systems, rural recreation, and other uses suitable for rural locations. The Code Amendment would also clarify language in the existing findings by referring to “prime farmland” rather than “prime soils.” Interpretive guidance regarding the findings is included in the Code Amendment ordinance to ensure consistent application of the findings in the future.
Background
The Board of Supervisors considered the Code Amendment at the meeting on April 23, 2013. One person testified in opposition to adoption of the amendment at the hearing and the Board received several e-mails also in opposition to the amendment. Staff has responded to each of these e-mails, as shown in Attachment D. Based on their responses, some appear to have withdrawn their initial opposition.
The Code Amendment is intended to harmonize the findings requirements for conditional uses (Yolo County Code Section 8-2.2804) with other provisions of the Yolo County Code, including but not limited to the lists of conditional uses that are authorized in various zones in the unincorporated area. The potential for substantial confusion regarding the proper application of the findings requirements exists in part because of a recent Yolo Superior Court decision. In that decision, the Court determined that the Zoning Code does not appear to allow any non-agricultural uses in agricultural zones, citing language in the Zoning Code that authorizes a Use Permit only for uses that "serve and support the production of agriculture, or are agriculturally-related."
Of course, this outcome is inconsistent with other provisions in the Zoning Code that specifically allow a wide range of non-agricultural uses in agricultural zones (e.g., cemeteries, wind energy projects, commercial stables, and bed and breakfasts). It is also inconsistent with the long-standing approach of the Planning and Public Works Department in reviewing non-agricultural uses in agricultural zones and interpreting related code provisions, including Section 8-2.2804 (the findings requirements). The Code Amendment addresses this situation with several minor changes to the existing findings requirements to ensure a reasonable and consistent approach to Use Permits in the future, particularly in agricultural zones. Importantly, the Code Amendment does not authorize any new uses or otherwise represent a relaxation of existing standards.
In summary, the proposed changes would eliminate the existing finding relating to the use of on-site crops for agricultural research facilities, and would expand the existing finding relating to “agriculturally related” uses to also include alternative energy systems, rural recreation, and other uses suitable for rural locations. The Code Amendment would also clarify language in the existing findings by referring to “prime farmland” rather than “prime soils.” The specific changes proposed are as follows (proposed deleted language is in bold strike-through and new language is in bold underline):
Sec. 8-2.2804. Planning Commission or Zoning Administrator.
The Planning Commission or Zoning Administrator may approve, conditionally approve, or disapprove an application for a use permit. The Planning Commission shall act on Major Use Permit applications, and the Zoning Administrator shall have the discretion to act on Minor Use Permit application, or send them to the Planning Commission. If the Planning Commission or Zoning Administrator Board approves such permit, it may attach such conditions, including time limitations, guarantees, amortization schedules, assurances, and requirements, as may be necessary to accomplish the objectives set forth in this Chapter and the requirements of the General Plan as amended. In granting a use permit, the Planning Commission or Zoning Administrator, with due regard to the nature and condition of all adjacent structures and uses, the zone within which the structures and uses are located, and the General Plan, shall find the following general conditions to be fulfilled:
(a) The requested use is listed as a conditional use in the zone regulations or elsewhere in this chapter;
(b) The requested use is essential or desirable to the public comfort and convenience;
(c) The requested use will not impair the integrity or character of the neighborhood nor be detrimental to the public health, safety, or general welfare;
(d) The requested use will be in conformity with the General Plan;
(e) In the case of Agricultural Research, facilities shall utilize, but be not limited to, on-site or appurtenant agricultural crops for the purpose of research;
(f)(e) Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be provided; and
(g)(f) The requested use, if located in an agricultural zone, will serve and support production of agriculture and the agricultural industry, animal husbandry or medicine or is otherwise agriculturally related; or if the use is not agriculturally related (e.g., solar or wind energy, rural recreation, and other non-agricultural uses), the use is listed as a conditional use consistent with subsection (a), above, and generally relies on a rural location and not appropriate for location within a city or town; and
(h) The requested use, if located in an agricultural zone, and if proposed on prime farmland soils, cannot be reasonably located on lands containing non-prime farmland soils. |