|ZC #2022-01: A public hearing to consider a recommendation to the Board of Supervisors to adopt changes to the Yolo County Zoning Regulations to conform with Senate Bill (SB) 9. The proposed amendments to Title 8 Yolo County Code of Ordinances include the addition of non-discretionary urban lot splits in Chapter 1, Article 3 (Subdivision Requirements), and clean up and updating of housing and accessory structure standards in Chapter 2, Article 5 (Residential Zones). The Zoning Code Amendment is exempt from the California Environmental Quality Act. Applicant: Yolo County Department of Community Services; Planner: JD Trebec
|FILE # ZC2022-01: SB 9 Zoning Code Amendment
GENERAL PLAN: Residential Land Use Designations
ZONING: Residential Zones
SUPERVISORIAL DISTRICT: All
FLOOD ZONE: N/A
FIRE SEVERITY ZONE: N/A
|ENVIRONMENTAL DETERMINATION: The Zoning Code Amendment is exempt from the California Environmental Quality Act per Statutory Exemption 15282 (h) and the 'common sense' exemption in Section 15061(b)(3) of the CEQA Guidelines.
|That the Planning Commission:
A. Hold a public hearing receive public comment and provide input to staff and consider a recommendation to the Board of Supervisors on proposed amendments to the Zoning Regulations (Att A);
B. Direct staff to proceed to the Board of Supervisors with a recommendation to:
1. Determine that the Zoning Code Amendment is exempt from the California Environmental Quality Act; and
2. Approve an ordinance to adopt the Zoning Code Amendment
|REASONS FOR RECOMMENDED ACTIONS/BACKGROUND
|Summary of changes
The proposed zoning amendments consist of a packet of minor changes to various sections of the Subdivision and Zoning Regulations in Chapter 1, Article 3 (Subdivision Map Requirements), and Chapter 2, Article 5 (Residential Zones). The changes would bring the County Zoning Code into compliance with the recently approved Senate Bill 9 (SB 9), which requires non-discretionary approval of two homes on lots within single-family zones and parcel maps that create two equal area lots in urbanized areas and urban clusters. The changes to Article 5 would also simplify and clarify accessory structure standards within the residential zones.
The purpose of the proposed Zoning Code Amendment is two-fold: Compliance with state law and simplification and clarification of the accessory structure standards within the residential zones. The amendment includes a packet of changes that will bring zoning standards into compliance with new state laws, including SB 9, as described above.
The Yolo County Zoning Regulations already allow two single-family detached homes or duplex on a single parcel by right, which is required under SB 9, so the proposed amendments would serve to clarify multi-family land uses allowed within single-family zones. Currently, there is some overlap between the duplex, triplex, fourplex, and greater multifamily use types in the existing Residential Zoning Regulations. The amendments would clarify that single-family homes and duplexes are one use type, triplexes and fourplexes are a small multifamily use type, and five or more attached units are a large multifamily use type.
Additionally, the Uses and Permit Requirements Table for the Residential Zones (Table 8-2.504) contains information on specific types of accessory structures, and staff proposes to delete and/or omit some of this information from Table 8-2.504 where it is duplicated elsewhere, as in the Specific Use Requirements/Performance Standards [Section 8-2.506(a) and (b)] and the Specific Requirements and Performance Standards for Accessory Structures Table (Table 8-2.506). The changes would also remove the list of structures from Table 8-2.506 and revise the Table for clarity, which is further summarized below.
Lastly, Senate Bill 9 provides for non-discretionary parcel maps, called 'urban lot splits', that would allow an existing parcel in an identified urbanized area or urban cluster to be split into two equal lots through a ministerial process. The new ordinance requirements would be incorporated into Section 8-1.302 (Parcel Maps creating four or fewer lots). This new type of lot split would specifically apply to Esparto and Madison which are designated as an Urban Cluster by the US Census Bureau and El Macero which is a part of the unincorporated County within the Davis Urbanized Area that has water and sewer services.
Additional changes to the Zoning Regulations reduce the minimum lot size for low and medium density residential zoning districts to 1,200 square feet from 3,500 and 1,500 square feet, respectively, in accordance with minimum parcel size requirements in SB 9. Residentially zoned parcels without water and sewer services would still require a minimum of two acres in Yolo County.
Attachment A contains a redlined version of the proposed code amendments. A summary of proposed amendments is provided below, as shown in italic font.
Changes proposed in Chapter 1, Article 3:
Article 3: Subdivision Map Requirements
Sec. 8-1.302 Parcel Maps creating four or fewer lots (Removal of “final” descriptor of Parcel Map for consistency. Added requirements for ministerial approval of urban lot splits as described in SB 9 Section 2)
Changes proposed in Chapter 2, Article 5:
Article 5: Residential Zones
Sec. 8-2.502(c) Low Density Residential (R-L) Zone (Zamora added to list of towns with R-L zoning. Correction that lots without public services have a minimum area of two acres rather than one. Minimum lot size for new parcels in the R-L zone is reduced to 1,200 square feet in conformance with SB 9, and the one acre maximum lot size for new parcels is specified for lots with water and sewer service.)
Sec. 8-2.502(d) Medium Density Residential (R-M) Zone (Minimum lot size for new parcels in the R-M zone is reduced to 1,200 square feet in conformance with SB 9.)
Section 8-2.503 Residential Use Types Defined:
Sec. 8-2.503 (a) Single Family Detached and Attached ('Attached' replaced with 'Duplexes' for consistency)
Sec. 8-2.503 (b) Duplexes, Triplexes, Four-plexes (Use Type renamed Small Multifamily Residences (3-4 attached units) for clarity. Duplex wording removed.)
Sec. 8-2.503 (c) Multi-family Residential (Use type renamed Large Multifamily Residences (5+ attached units) for clarity. Triplex and four-plex wording removed.)
Sec. 8-2.503 (e) Farm Labor Housing (R-L exception removed.)
Section 8-2.504 Tables of Residential Permit Requirements:
Table 8-2.504(a) Allowed Land Uses and Permit Requirements for Residential Zones (Uses made consistent with new use type names noted above. Small multifamily permitted with a Site Plan Review in R-L and Allowed in R-M, R-H zones. Large multifamily uses permitted with Site Plan Review in R-L, R-M, R-H zones. Mobile Home Parks not allowed in R-H zones as they would not meet density requirements. Agricultural Uses moved from Table 8-2504(b) to Table 8-2.504(a).)
Table 8-2.504(b) Accessory Uses and Permit Requirements for Residential Zones (Table8-2.504(b) removed and agricultural uses moved to Table 8-2.504(a).) The remainder of the table dealt with accessory structures rather than accessory uses. Accessory structures are covered under Sec.8-2.506(a) and (b) and Table 8-2.506.)
Section 8-2.505 Table of Residential Development Requirements:
Table 8-2.505 Development Requirements in Residential Zones (Minimum lot area changed for R-L and R-M zoning to conform with SB 9. General zoning density information removed from Table 8-2.505 since it is already addressed in Section 8-2.502. Front and side setbacks for R-L and R-M zones amended and clarified.)
Section 8-2.506 Specific Use Requirements or Performance Standards:
Sec. 8-2.506(a) ('housing' changed to 'dwelling' for consistency.)
Sec. 8-2.506(b)(2) (ADU height restriction clarified.)
Table 8-2.506 Specific Requirements and Performance Standards for Accessory Structures (Clarification that farm offices and barns without height limits are intended for Ag and RR zones. 'Accessory housing' was changed to 'accessory dwelling' for consistency and 'farm worker housing' and 'guest house' standards were removed. Farmworker housing is identified in State law as an allowed use in Agricultural zones and would be considered standard housing in Residential zones; guest houses fit under the less restrictive category of accessory dwelling unit. A generic accessory non-dwelling structures standard added to broadly cover garages, pool houses, artist studios, game/exercise/playrooms, etc., and specific standards for these structures removed. Likewise, trellis/arbors and gazebos included in the generic attached/unattached shade structures standards.)
Sec. 8-2.506(c) ('Triplex', 'four-plex', 'other multifamily' changed to 'small' and 'large' multifamily for clarity and to be consistent with Section 8-2.503. Undefined “compatibility” requirements and rezoning discussion removed.)
Sec. 8-2.507 Definitions ('Accessory housing structure' and 'guest house' definitions removed as they more appropriately fall under the Accessory Dwelling Unit standards. Use of term ‘mobile’ home replaced with either 'manufactured/modular home' or 'recreational vehicle' to clarify intent.)
|Staff worked with County Counsel and De Novo Planning Group, Planning consultant retained for the extensive Zoning Code update, to ensure amendments are in conformance with new State law requirements.
|Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing with the Clerk of the Board of Supervisors within fifteen (15) days from the date of the action. A written notice of appeal specifying the grounds for appeal and an appeal fee immediately payable to the Clerk of the Board must be submitted at the time of filing. The Board of Supervisors may sustain, modify, or overrule this decision.