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Time Set # 40.
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| Board of Supervisors |
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| Subject |
| Continuation of a public hearing on a request for a Lot Line Adjustment and Rezone between two agricultural zoned parcels, located approximately five miles north of the unincorporated community of Clarksburg (APNs: 044-060-034 and 044-060-041). A Categorical Exemption has been prepared for the project. (No general fund impact) (Echiburu/Tschudin) |
| Recommended Action |
- Re-open the public hearing, receive comments, and close the public hearing;
- Determine that a Categorical Exemption is the appropriate level of environmental documentation in accordance with the California Environmental Quality Act (CEQA) and Guidelines (Attachment B);
- Adopt the proposed ordinance rezoning the 4.383-acre home-site parcel from Agricultural Intensive (A-N) to Agricultural Residential (A-R) (Attachment C); and
- Approve the Resolution for the Lot Line Adjustment subject to Findings and Conditions of Approval (Attachment D).
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| Strategic Plan Goal(s) |
Thriving Residents
Flourishing Agriculture |
| Reason for Recommended Action/Background |
Project Description
The project is a request to adjust the property lines between two contiguous agricultural parcels in Clarksburg to separate the home-site from the vineyard. Both parcels are located in the Agricultural Intensive (A-N) Zone and overlain by the Clarksburg Agricultural District Overlay (CADO) Zone. The parcels are farmed as a single agricultural unit and planted in grape vines.
The project site currently consists of one 36.32-acre parcel, identified as APN: 044-060-034, and one 27.06-acre parcel, identified as APN: 044-060-041. The proposed lot line adjustment would result in a 4.383-acre parcel that contains the home-site, and a 58.999-acre vineyard parcel.
As per Yolo County Code Section 8-2.401(f), Agricultural Home Site Parcels, a lot line adjustment may be approved to create an agricultural home site parcel in the Clarksburg Agricultural District Overlay Zone on two or more parcels under common ownership, provided the home-site parcel is rezoned to Agricultural Residential (A-R).
Background
Yolo County is among the top 12 wine producers in the Country. There are three federally designated wine appellations, known as ‘American Viticulture Areas’ or AVAs in Yolo County; one such area is the Clarksburg AVA. The Clarksburg Viticulture Area is located within the Clarksburg Agricultural District Overlay. Agricultural parcels that have property access from South River Road are often long and narrow as they extend west perpendicularly from the Sacramento River. In some cases, such as at the project site, vineyards can span multiple legal parcels and the pie-like shape of the parcel may not always reflect how vineyard plots are planted (see exhibit in Attachment G).
The applicant oversees a series of wine grape varietals that make up Foggy Hollow Vineyards and span four legal parcels, three of which they own. The approximately 18-acre parcel located to the east of the proposed 59-acre vineyard parcel is not owned by the applicant. A 6.5-acre section of the 18-acre parcel (located in the more westerly portion of the vineyard) is planted in Sauvignon Blanc, and sits in between the parcels owned by the applicant (see Attachment G). At the April 9, 2019, public hearing, the neighboring landowner expressed concern that if the project is approved and the applicants sell the 59-acre vineyard parcel, it would render the 6.5-acre portion less valuable and isolate his piece from the rest of the vineyard.
See the previous April 9th staff report in Attachment F, which provides additional project detail and analysis.
Staff recommendation
Creation of an agricultural home-site parcel is an allowable action in the Clarksburg Agricultural District Overlay (CADO) zone, per Sec. 8-2.401(f) of the County Code, and would support the relevant General Plan policies designed to prevent the fragmentation of agriculturally productive tracts of land, and allow for residential uses where appropriate. There is no development associated with the creation of the proposed A-R zoned (home-site) parcel and the applicants currently live on the property. The remaining acreage would retain the resultant vineyard parcel as a whole agricultural unit, and the home-site parcel will be required to record a “Right-to-Farm” statement. The 59-acre vineyard parcel would not meet minimum parcel size requirements for further subdivision.
Update since April 9, 2019 Meeting
At the initial hearing on April 9, 2019, the owner of the neighboring parcel, Mr. Walthers, objected to the project, and the Board continued the matter to April 23, 2019. Since then, staff has considered the objections raised by Mr. Walthers and concluded that they do not justify denial of the lot line adjustment and rezone.
Mr. Walthers asks that the project be denied because he is concerned that the enlarged agricultural parcel will reduce the commercial incentive for the Correas to enter into a lease to farm 6.5 acres of Mr. Walthers' grapes, which are currently farmed together with the Correa's vineyard. Mr. Walthers is currently trying to negotiate a long-term lease with the Correas, and his portion of the vineyard is being managed under a short-term arrangement.
Staff has considered Mr. Walthers concerns and conferred with the Correas. The commercial concerns Mr. Walthers faces are not a basis on which the Board can deny the project. The boundaries of the Correas' property will not change, and any rearrangement of the parcel lines within the property will not create any physical or legal barrier to Mr. Walthers' vineyard that does not already exist .
Staff therefore maintains its recommendation to approve the lot line adjustment and rezone to create a 4.383-acre Agricultural Residential (A-R) parcel , and a 58.999-acre vineyard parcel. |
| Collaborations (including Board advisory groups and external partner agencies) |
The Clarksburg Citizens Advisory committee reviewed the project proposal at their January 9, 2019 meeting, and voted for approval.
The Planning Commissioners voted unanimously for project approval, but expressed some concern over the ability to create agricultural home-sites and questioned why Clarksburg received special regulations through the creation of the Agricultural Overlay Zone. Staff agreed to follow up with the Commission, at a future meeting, to discuss the Clustered Agricultural Housing Ordinance, the CADO Zone, and General Plan Policies related to the Agricultural District Overlay.
Additional documentation on comments received are included in the April 9, 2019, staff report shown in Attachments E and F.
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