The applicant is interested in selling the 183-acre parcel of land to an agricultural producer. Thus, the applicant is requesting that the parcel be redesignated and rezoned so that the future agricultural use of the land will not be restricted. Agricultural uses would provide economic opportunities, consistent with the Agriculture and Economic Development Element of the County's adopted General Plan.
The Planning Commission considered the application at a public hearing on November 12, 2015. Following testimony from the applicant and several Dunnigan residents, the Planning Commission voted unanimously (7-0-0) to recommend approval of the application to the Board of Supervisors, with the caveat that the Commission was not able to consider any comments that may be received on the Initial Study/Negative Declaration at the end of the comment period (November 20). Only one comment was received on the Initial Study, a form letter from the Central Valley Regional Water Quality Control Board. Two additional written comments on the proposed GPA were received from the Dougherty Brothers, the other major landowner within the Specific Plan area other than Elliot Homes, and from Erich Linse, a member of the Dunnigan citizens committee (Attachment E).
Background
An application for a General Plan Amendment and rezoning has been submitted by Price Walker, Director of Land Acquisitions and Development for Elliott Homes, the major land owner and proponent of the Dunnigan Specific Plan. The request involves 183 acres located west of the Interstate 5/County Road 8 interchange in Dunnigan (APN: 052-060-001 (Attachment A). The site is currently undeveloped and has been under cultivation with hay.
The Dunnigan Specific Plan is one of five areas in unincorporated Yolo County that is designated as a Specific Plan in the 2030 Yolo Countywide General Plan.The purpose of the General Plan designation is to require that a Specific Plan be adopted prior to any urban development in any of the five areas. A Specific Plan is a detailed development plan that is prepared in accordance with State requirements (Government Code Section 65450 et seq).
The Dunnigan Specific Plan consists of approximately 2,250 acres of mostly vacant agricultural land located generally west of County Road 99 and Interstate 5, south of County Road 5, and north of Bird Creek. The Specific Plan area is planned for urban development of up to 9,230 housing units and 11,300 jobs. The existing developed land uses in Dunnigan (Old Town, the rural homes in the Hardwoods, Country Fair Estates, and the highway commercial uses along I-5) are not included in the Specific Plan (SP) designation but are designated by the General Plan, and zoned, with a Specific Plan Overlay (SPO and SP-O, respectively).
The main proponent and landowner of the Dunnigan Specific Plan is Elliott Homes of Folsom. Elliott submitted a draft Specific Plan to the Yolo County for processing in December, 2011, with a major revision re-submitted in April, 2013. However, progress on the Dunnigan Specific Plan has stalled and an environmental impact report has not been initiated. The map of future land uses in the draft Dunnigan Specific Plan proposed a mix of Highway Commercial, Office/Research and Development, Low Density Residential uses for the 183 acre property (Attachment C). The proposed land use map was never adopted by Yolo County. The entire Dunnigan Specific Plan area continues to be designated and zoned as “Specific Plan.”
The proposed GPA would amend the General Plan land use map to redesignate the 183-acre parcel from "Specific Plan" (SP) to "Agriculture" (AG). Concurrent rezoning would change the current zoning of the parcel from "Specific Plan" (S-P) to "Agricultural Intensive" (A-N). The proposed detachment of the parcel from the Dunnigan Specific Plan area would allow for intensive agricultural uses on the site, which are currently discouraged by the inclusion of the parcel within the Specific Plan. Agricultural uses would provide economic opportunities, consistent with the Agriculture and Economic Development Element of the County's adopted General Plan. An almond producer has expressed interest in constructing an almond hulling facility on a portion of the site.
The proposed GPA and rezoning would detach the parcel from the Dunnigan Specific Plan area and would allow for intensive agricultural uses on the site. Intensive agricultural uses are currently discouraged by the inclusion of the parcel
within the Specific Plan. Section 8-2.906(c) of the County Zoning Code regulates "interim agricultural uses" in the S-P zone. Section 8-2.906(c)(1) requires that:
(1) In the S-P, PD, SP-O, and NH-O zones a range of agricultural uses is allowed as interim uses until a Specific Plan or Natural Heritage Plan is adopted, or until an existing PD zone is developed with urban uses, provided that the interim agricultural use is consistent with any underlying base zone. In the interim, capital intensive agricultural uses such as processing facilities, animal facilities uses, large accessory structures, and agricultural commercial, rural recreation, and agricultural industrial uses are discouraged in the S-P and SP-O zones, and are prohibited in the PD zones.
(2) Capital intensive agricultural uses such as processing facilities, animal facilities uses, large accessory structures, and agricultural commercial, rural recreation, and agricultural industrial uses may be permitted in the S-P, SP-O, and NH-O zones, prior to adoption of a Specific Plan or Natural Heritage Plan, through the issuance of a Minor Use Permit, provided that the interim agricultural use is consistent with any underlying base zone and provided the Zoning Administrator can make the following findings based on evidence in the record:
(i) Approval of the project will not significantly hinder the adoption of a future Specific Plan or create an insurmountable obstacle to urban development of the future planned land uses on the parcel or parcels; or
(ii) Approval of the project is consistent with the goals and policies of an adopted or pending Natural Heritage Plan.
The applicant is interested in selling the 183-acre parcel of land to an agricultural producer. Thus, the applicant is requesting that the parcel be rezoned so that the future agricultural use of the land will not be restricted.
A letter opposing the proposed GPA was submitted to the Planning Commission from the Dougherty Brothers, the other major landowner within the Specific Plan area other than Elliot Homes. A letter supporting the proposed project was submitted by Erich Linse, a Dunnigan resident and member of the Dunnigan citizens committee (Attachment E).
Environmental Review
An Initial Study/Negative Declaration (ND) has been prepared to study the potential impacts of the proposed redesignation and rezoning of the parcel. The Initial Study was circulated for public review from October 20, 2015 to November 20, 2015. Only one comment was received on the Initial Study, a form letter from the Central Valley Regional Water Quality Control Board.
The ND identifies no potentially significant environmental impacts that would result from the project. However, the ND states that the proposed redesignation and rezoning of the 183-acre parcel project could, arguably, conflict with the “applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect,” since the actions are inconsistent with the Yolo Countywide General Plan, the existing zoning, and the proposed (but not approved) Dunnigan Specific Plan.
The map of future land uses in the draft Dunnigan Specific Plan proposes a mix of "Highway Commercial, Office/Research and Development," and "Residential Low Density" uses for the 183 acre property (Figure 3 in Attachment A, “Project Figures"). Adjacent properties to the west of the 183-acre parcel are also designated for Residential Low Density uses in the draft plan. Intensive agricultural operations could conflict with any planned homes. The ND notes if the project proponent of the proposed Dunnigan Specific Plan should decide to proceed in the process of seeking approval of the Specific Plan with the County, the County would require that the Plan be modified and amended to address any potential land use inconsistencies with adjacent properties. Potential Plan modifications could take the form of designated buffers, rearrangement of land use so that sensitive uses such as homes and public uses are not located adjacent to the agriculture, or other similar measures. |