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Time Set # 21.
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| Board of Supervisors |
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| Subject |
| Introduce by title only, waive full reading, hold a public hearing and consider adoption of the 2016 Zoning Code Amendments which include changes to the existing County Code that allow the waiver of final subdivision and parcel maps; clarify a special event facility on a lot greater than 40 acres may by right hold no more than one event per month and eight events per year; and modify elements of the Agricultural Conservation and Mitigation Program and related In-Lieu Agricultural Mitigation Fee ordinances. An exemption from further CEQA review under CEQA Guidelines Section 15061(b)(3) will be filed. (No general fund impact) (Echiburu/Parfrey) |
| Recommended Action |
- Introduce by title only, waive full reading, hold a public hearing, and consider adoption of the proposed 2016 Zoning Code Amendments (Attachments A (summary) and C (ordinance));
- Adopt a resolution certifying that the exemption under CEQA Guidelines Section 15061(b)(3) is adequate under the California Environmental Quality Act (CEQA) and CEQA Guidelines (Attachment B); and
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| Strategic Plan Goal(s) |
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
The Planning Commission held a public hearing on the proposed 2016 Zoning Code Amendments on March 10, 2016. Following public testimony, the Commission discussed the amendments and voted unanimously (5-0-0, with 2 absent) to recommend that the Board approve them.
BACKGROUND
The comprehensive update of the Yolo County Zoning Ordinance was adopted by the Board of Supervisors in July, 2014. To keep the Zoning Code current and relevant, staff intends to initiate a set of Zoning Code Amendments each year. The amendments will include a series of relatively minor changes to the Zoning Code which are packaged in an "omnibus"-type text amendment every year. The amendments will include both substantive changes and corrections to typographical and mapping errors, and updates of Code language that are required to comply with new State laws. Changes may also be required to retain consistency within the Zoning Code, and between zoning regulations and other County Codes Amendments, as well as with the General Plan.
The 2016 Zoning Code Amendments include three changes to Title 8 of the County Code (the Zoning Code).
Amendments to Chapter 1: Subdivision and Related Regulations
The first text amendment would add text to Chapter 1 (Subdivision and related Regulations) from the State Subdivision Map Act and regulations to allow the waiver of final subdivision and parcel maps in certain specified circumstances. This addition is required by State law. Outdated text that would allow waivers of certain land division plats was included in the County's original subdivision ordinance but was inadvertently not updated and included in the 2014 Zoning Code Update.
Amendment to Chapter 2, Article 3: Agricultural Zones
The second amendment is a minor edit to the agricultural zoning regulations (Chapter 2, Article 3) for special event facilities, clarifying that a special event facility on a lot greater than 40 acres may hold, by right, no more than one event per month, not to exceed eight events per year. As currently drafted, the text may be misinterpreted as allowing landowners to chose between 8 events per year, or one per month up to 12 events per year. The wording change clarifies the existing language as limiting the number of events to one per month, not to exceed eight per year. Given that this proposed amendment aims to clarify the allowed frequency of an exisitng by right use, it's adoption will not interfere with the agri-tourism review process that the Board recently directed staff to undertake. Many of the speakers who provided testimony before the Board in support of the agri-tourism review process also provided testimony during the March 10, 2016 Planning Commission hearing on the proposed amendment language. All members of the public who spoke on the item at the Planning Commission supported staff's recommendation.
Amendments to Chapter 2, Article 4: Special Agricultural Regulations
The third amendment involves changes to the Agricultural Conservation and Mitigation Program and the related In-Lieu Agricultural Mitigation Fee ordinances (Chapter 2, Article 4). The change to the Mitigation ordinance would exempt certain solar facilities that offset agricultural equipment demands (e.g., irrigation pumps) from the requirement to mitigate for the loss of agricultural land. This amendment would provide relief to those agricultural operators who wish to install medium-sized solar facilities such as solar panels to provide electricity solely for on-site agricultural uses such as irrigation pumps. Many farmers are switching to solar because a previous energy program (the PG&E AG-ICE program) has been terminated.
The change to the In-Lieu Fee ordinance would update the requirement that projects of less than 20 acres (not five acres) have the option of paying (but are not required to pay) an in-lieu fee. If these small projects wish to instead purchase and donate a conservation easement, instead of paying the in-lieu fee, they may do so. This change brings the In-Lieu Fee ordinance in conformity with the Agricultural Conservation and Mitigation Program ordinance.
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| Collaborations (including Board advisory groups and external partner agencies) |
County Counsel has reviewed the proposed Amendments, the staff report, and the ordinance.
The 2016 Zoning Code Amendments were referred to all of the citizens advisory committees for their review on January 25, 2016. To date, no formal votes and comments have been received from any of the committees. Public notice and the Amendments were also sent to a wide range of agricultural, environmental, and other community organizations and interested parties. |
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