The 2030 Yolo Countywide General Plan was adopted by the Board of Supervisors in November, 2009, and the comprehensive update of the Yolo County Zoning Ordinance was adopted in July, 2014. To keep the General Plan and Zoning Code current and relevant, staff intends to initiate General Plan and Zoning Code Amendments each year, as needed. Each of the annual amendments typically include a series of relatively minor changes to the General Plan and Zoning Code which are packaged in an "omnibus"-type text amendment. The amendments will include corrections to typographical and mapping errors, and updates of General Plan and 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 Planning Commission held two workshops to review the set of amendments on October 12, 2017 and February 8, 2018. The Commission then held two public hearings on March 8 and April 12, 2018, and voted unanimously on the latter date to recommend that the Board of Supervisors approve the amendments.
BACKGROUND
The 2017 General Plan and Zoning Code Amendments consist of a package of changes that include:
- one text amendment and two sets of map amendments to the 2030 Yolo Countywide General Plan;
- numerous text changes to Title 8 of the County Code (the Zoning Code);
- text amendments to a separate ordinance for Planned Development - 65 (PD-65) zone; and
- the rezoning of approximately 470 individual parcels.
The most significant of the Zoning Code amendments, including the rezoning of 435 parcels, are required to comply with a State law that requires the County to establish minimum parcel sizes and regulations for onsite wastewater treatment (septic) systems. Current Yolo County Code Section 6-19.1101 (g) requires a minimum lot size of 2 acres when creating a parcel that will be served by a septic system in the unincorporated area of the County. This is to address the density of septic systems and their impacts on the ground water. Staff is also recommending a General Plan map amendment and rezoning of approximately 18 parcels in the "Westucky" area of north Woodland from Local Commercial to Rural Residential and Low Density Residential, to reflect existing uses. A second set of General Plan map amendment and rezoning involves two parcels in the town of Yolo.
A proposed General Plan text amendment would involve adding policies related to encouraging the expansion of reliable broadband (Internet) service in rural Yolo County. A separate group of Zoning Code Amendments are necessary to comply with a newly enacted State law that requires local jurisdictions to allow "Accessory Dwelling Units" by right (without a discretionary permit). Several additional minor changes to the Zoning Ordinance, including amendments to the parking and sign regulations, are proposed along with these main items. The General Plan and Zoning Code Amendments would apply to all properties within the unincorporated Yolo County area.
The complete text of each of the proposed General Plan and Zoning Code text amendments is included in Attachment A. Maps of all properties that are proposed for redesignation on the General Plan maps and rezoning are included in Attachment B.
The following includes a brief description of each of the components that make up the package of the 2017 General Plan and Zoning Code Amendments.
General Plan Text Amendment
The amendment to the General Plan text is to add policies related to encouraging the expansion of reliable broadband (Internet) service in rural Yolo County.
General Plan Map Amendment
The first amendment to the General Plan maps is to redesignate approximately 18 parcels in the "Westucky" area of north Woodland from Local Commercial to Rural Residential and Low Density Residential, to reflect existing uses (see further discussion below).
A second set of General Plan map amendment and rezoning involves two parcels in the town of Yolo, and a third set affects three properties in Esparto.
Zoning Code Amendments to Comply with Assembly Bill 885 (2000)
The most significant of the Zoning Code Amendments is necessary to comply with a State law that was originally enacted in 2000, but which only recently was implemented fully. The law requires the County to establish minimum parcel sizes and other regulations for rural wastewater treatment (septic) systems. In 2010 the Yolo County Environmental Health Division was directed by the Board of Supervisors to prepare updates to the Yolo County Code related to onsite wastewater treatment systems, to comply with new State mandates, to incorporate the pertinent Action Items of the 2030 Countywide General Plan, and incorporate modern industry practices.
The State of California Water Resources Control Board's Onsite Wastewater Treatment System Policy (OWTS Policy, June 2012) was adopted as a result of Assembly Bill 885 (2000). The OWTS Policy establishes a statewide, risk-based, tiered approach for the regulation and management of onsite wastewater treatment systems (OWTS, but commonly called septic systems). The OWTS Policy requires local permitting agencies to consider density, especially as it relates to nitrogen loading of the area water table. The standards require that Yolo County adopt a two-acre minimum parcel size for average density for a rural lot that relies on septic systems. The Yolo County Board of Supervisors approved a local version of the OWTS Ordinance Policy on June 14, 2016. The Environmental Health Services Division has been enforcing the new two acre minimum parcel size for creation of new parcels since that date. For existing parcels that are less than two acres, the applicant can still apply and may receive approval of the septic system as long as it can be shown that the parcel is large enough to support the system, and a replacement area, meet all vertical and horizontal setbacks; and otherwise not impact groundwater or surface water.
Thus, to implement the new OWTS Ordinance, the County's existing Rural Residential - 1 acre minimum lot size (RR-1) must now be amended to create a new RR-2 zone (2 acre minimum lot size). All parcels that are currently zoned RR-1 must be rezoned to RR-2. There are only five locations in the unincorporated area which are zoned RR-1. These parcels are located in the Hardwood area of Dunnignan (approx. 330 lots); the Willow Oak and Carter Lane areas of Woodland (19 and 52 lots, respectively); the Patwin Road area of Davis (25 lots); and in the Clarksburg area (6 lots). Ordinance 1447, which establishes the existing Planned Development No. 67 (PD-67) for the Patwin Road area must also be amended to change the minimum one-acre lot size to two acres.
The new two-acre minimum lot size in the RR-2 zone only applies to newly created lots, approved through a Tentative Parcel or Subdivision Map. The proposed rezoning should not affect the vast majority of the existing landowners, since all existing one acre lots will be "grandfathered in" and will become legal non-conforming lots. The only landowners that could be directly impacted would be owners of any large parcels that could be subdivided. For example, there is one 10-acre parcel in the Dunnigan Hardwoods which previously could have been subdivided into 10 one-acre lots (assuming all septic and other standards could be met). Now, the 10-acre parcel could be subdivided into no more than five 2-acre lots.
The are only a handful (approximately ten) parcels that would be affected by the new minimum lot sizes in the Hardwoods. There are no remaining large lots in either the Patwin Road or Carter Lane neighborhood that would be affected by the new minimum lot sizes. In the Willow Oak area west of Woodland, there are three large parcels and in Clarksburg there are two parcels that could be affected.
Zoning Code Amendments to Comply with AB 2299 and SB 1069
Several Zoning Code Amendments are proposed to comply with two new State laws, which require local jurisdictions to allow "Accessory Dwelling Units" by right (without a discretionary permit). In an effort to streamline housing production in the face of the state's ongoing housing crisis, in 2016 Governor Brown signed AB 2299 (Bloom) and SB 1069 (Wieckowski) into law, amending Government Code section 65852.2 to make it easier for property owners to create second units (referred to as "accessory dwelling units" or "ADUs") in existing single-family and multi-family homes.
Prior to the new legislation, cities and counties had substantial flexibility in adopting local ordinances to regulate the development of ADUs. By making certain findings, they could also prohibit ADUs entirely. Proponents of the bills asserted that local agencies and special districts often imposed costly restrictions relating to parking, fees for utility hook-ups, and other development standards. The new bills limit public agencies' ability to regulate ADUs, require action on ADU applications within 120 days, and mandate that all local agencies adopt an ADU ordinance consistent with the new provisions by January 1, 2017.
Any existing ordinances or new ordinances are required to include an approval process for ADUs that includes only ministerial review, meaning that no discretionary review is permitted in connection with an ADU application. Local agencies are required to submit a copy of their ADU ordinance to the Department of Housing and Community Development within 60 days of adoption.
These changes to the Zoning Code are anticipated to have little if any impact since Yolo County rarely receives any applications to build second or accessory units.
Rezoning of Properties in "Westucky" (North Woodland)
Staff is recommending a General Plan map amendment and rezoning of approximately 18 parcels in the "Westucky" area of north Woodland from Local Commercial to Rural Residential and Low Density Residential, to reflect existing uses.This small neighborhood is located at the northwest corner of Kentucky Avenue and West Street (County Road 99). It is a small unincorporated pocket adjacent to the City of Woodland. The County is in the process of completing a project which would extend public services (sewer and water) from the City to the existing residents.
The 2030 Yolo Countywide General Plan originally designated this neighborhood as Local Commercial, with the assumption that over time the residences would transition to commercial uses. There is an existing used auto sales business at the corner of Kentucky and West. However, with the new program to extend city services to the residents it makes little planning sense to continue with the Local Commercial designation and zoning.
Zoning Code Amendments to Comply with Recent Court Decision
At the recommendation of County Counsel, minor changes are proposed to the zoning regulations related to agri-tourism uses such as bed and breakfasts and special event facilities. The changes would replace the term "weddings" or "wedding receptions" with the term "receptions," and clarify the applicability of general zoning principles. The change is in response to a recent court decision by the 9th Circuit Court of Appeals (Epona, LLC v. County of Ventura, 876 F.3d 1214 (9th Cir. 2017))
Additional Minor Changes to the Zoning Ordinance
Staff is recommending several additional relatively minor changes to the Zoning Ordinance, including amendments to the parking and sign regulations. The amendments to the parking ordinance would give greater discretion to staff to limit the number of parking spaces required for new development projects, taking into account specific characteristics of the site and area, such as the availability of street parking. The requirement for covered parking for multiple family projects has also been eliminated.
For the sign ordinance, staff is proposing a clean up for some definitions and clarification of regulations.
In the industrial zone, staff is proposing that outside storage of materials be allowed in the Light Industrial (I-L) zone, with Site Plan Review. Outdoor storage is now prohibited, so any uses that rely on outdoor storage are limited to the Heavy Industrial (I-H) zone, which is too restrictive.
In Article 2 of the Zoning Code (Administrative Provisions), there are two minor proposed revisions. The first would clarify that any interested party may appeal an approval by the Planning Commission of either a Tentative Parcel Map or a Tentative Subdivision Map to the Board of Supervisors. The second revision would add the following to the appeal process: “An appeal shall be set for hearing at a subsequent meeting, but in no event later than sixty (60) days after the date of the filing of the notice of appeal with the County Clerk.”
Finally, staff is proposing several minor wording changes to the zoning regulations related to special event centers and bed and breakfasts (Sections 8-2.306(k), (l), and Sec. 8-2.307, in response to a recent court decision by the 9th Circuit Court of Appeals, as already noted above. The revisions would remove references to “weddings” and replace the term with “receptions.” |