Set aside the decision to adopt a Mitigated Negative Declaration (MND) for the Field & Pond Use Permit (ZF2015-0018, SCH#2016032024) and direct staff to prepare a full Environmental Impact Report (EIR), pursuant to the writ of mandate issued by Yolo County Superior Court. (No general fund impact) (Echiburu/Cormier)

Field & Pond is an event center and lodging facility located at 26055 County Road 29, northwest of Winters, that received approval to operate under Use Permit (ZF2015-0018) when the Board of Supervisors took action on October 11, 2016, on appeal from the Planning Commission's public hearing held on August 11, 2016. The Project approval and mitigation measures imposed by the Board for issuance of the Use Permit limits the number of events to 20 per year, not to exceed 150 attendees, with the exception that four events per year may be up to 300 attendees, requires events to be held on Saturdays, and restricts events being held during tomato harvest, among other restrictions memorialized in the project's conditions of approval.

A lawsuit regarding the Project was filed in the Yolo County Superior Court on November 14, 2016 [Farmland Protection Alliance v. County of Yolo (Case No. CV-2016-1896)]. The lawsuit alleged that approval of the Use Permit was in violation of the California Environmental Quality Act (CEQA), the provisions of the Williamson Act, and the provisions of the Yolo County Zoning Regulations (County Code) and that the CEQA documentation failed to address impacts associated with a range of environmental topics, including traffic, water quality, agriculture, and biological resources. The Yolo County Superior Court issued a Peremptory Writ of Mandate on July 2, 2018, finding that substantial evidence supported a fair argument that the Project may have a significant environmental impact on tricolored blackbird, valley elderberry longhorn beetle (VELB), and golden eagle. The remaining claims were denied. The Writ of Mandate required the County to undertake further study and preparation of an Environmental Impact Report (EIR) to address only the potential impacts of the Project on the three species that might have a potential impact. The Board of Supervisors certified the resulting EIR in compliance with the Writ of Mandate on January 28, 2020, and adopted revised conditions of approval consistent with the EIR (Resolution No. 20-21).

Both the Project applicant and the Project opponents appealed various aspects of the Superior Court's rulings. The Project applicants argued that the Superior Court erred in finding substantial evidence supporting a fair argument that the Project could have significant impacts on the three species identified above. The Project opponents argued that the Superior Court should have also included impacts to agricultural resources in its ruling, that the Superior Court erred in finding the County did not violate the Williamson Act and County Code, that the Superior Court should not have allowed Field & Pond to continue to operate while the additional environmental review was taking place, and that the Superior Court erred by requiring an EIR that only addressed the three species.

On November 3, 2021, the Court of Appeal issued its opinion on the appeal [Farmland Protection Alliance v. County of Yolo, 71 Cal. App. 5th 300 (2021)]. The Court of Appeal held that the Superior Court erred when it ordered the County to prepare a limited EIR only on the three species and that the Superior Court should have ordered the preparation of a "full" EIR.  The Court of Appeal affirmed the Superior Court's ruling that substantial evidence supported a fair argument that the project may result in significant impacts to the VELB. However, because the Court of Appeal decided that a full EIR was required, it did not address the Project opponents' arguments related to impacts to agriculture, nor the Project applicant's arguments related to the tricolored blackbird and golden eagle.

The Court of Appeal also held that the Superior Court did not err in determining the project approval was permissible under the Williamson Act and County Code. Finally, the Court of Appeal did not consider the Project opponents' argument that the Superior Court erred when it allowed the project to operate while the EIR was being prepared, finding the issue became moot after the County certified the 'limited scope' EIR on January 28, 2020, and filed a timely Notice of Determination on January 29, 2020.

On June 24, 2022, the Superior Court issued a Judgment and Writ of Mandate after Remand (Att. A) in conformity with the Court of Appeal's ruling, ordering the Yolo County Board of Supervisors to set aside the decision to adopt the Mitigated Negative Declaration and to prepare a full EIR for the project.  The judgment provided that "the Project approval and related mitigation measures shall remain in effect during the period of further environmental analysis," and that Field & Pond are "allowed to continue operating the Project under the strict control of [the County's] permitting scheme during this period," with no new construction.  This action implements the Court's orders.

Department of Community Services Planning Division coordinated with the Office of the County Counsel on this matter.