The proposed Project is a request for a parcel map waiver to create two parcels from one approximately1,412-acre parcel in the unincorporated area of Yolo County. The resultant parcels, Parcel 1 and Parcel 2, both meet the minimum lot size requirements for newly created parcels (i.e., 80 acres for Agricultural Intensive zoned parcels that are irrigated and cultivated). Parcel 1 will consist of approximately 765.63 acres and Parcel 2 will consist of approximately 646.38 acres. The Project site is located within the Agricultural Intensive (A-N) zone, approximately 6.5 miles east of the community of Dunnigan, east/northeast of Sycamore Slough, bordered by County Road (CR) 97 to the east and State Route 45 to the south/west (APNs: 053-100-012 and 053-050-013).

No development is proposed as part of the parcel map waiver, and the intent of the request is to create two parcels that align with the physical boundaries of the existing farming operations. The existing parcel is split by an irrigation ditch that intersects the property from north to south. The Project is consistent with policies in the 2030 Countywide General Plan that aim to maintain parcel sizes large enough to sustain viable agricultural production and policies that prohibit the division of agricultural land for non-agricultural purposes and uses.

Section 8-1.303 of the Yolo County Code requires a tentative map and a parcel map for all subdivisions creating four or fewer lots. The Project proposes to divide the existing parcel into two separate parcels through a parcel map waiver, which is reviewed and processed similar to a tentative parcel map, except that the final parcel map requirements are waived. A parcel map waiver is permissible under Government Code Section 66428 of the Subdivision Map Act, which allows for local ordinances to waive the parcel map requirements if a specific procedure for doing so is in place (refer to Sections 8-1.303 and 304 of Title 8, Chapter 1, of the Yolo County Code). Once a parcel map waiver has been granted by the Planning Commission, a Certificate of Compliance is recorded to confirm the division of land. Although the parcel map requirements are waived, the County still has the authority to require specific conditions of approval under Government Code Section 66428 and the Yolo County Code which have been included in Attachment E for the Planning Commission’s consideration.

The Project site consists of two Assessor’s Parcel Numbers (APNs: 053-100-012 and 053-050-013) and is designated as Agriculture (AG) by the Yolo County 2030 Countywide General Plan land use map. (Note: Assessor’s Parcel Numbers are not always reflective of legal parcels.) The property has historically been farmed in seasonal row crops, irrigated via surface water supplies. According to the Natural Resources Conservation Service’s Web Soil Survey, the soil composition of the Project area consists of clay types (Sacramento clay; Sycamore silty clay loam) and are considered prime farmland, if irrigated and drained. The property is enrolled in the California Land Conservation Act (Williamson Act) under a single contract (since January 1972). The current contract will not be affected by the proposed parcel map waiver. The Project site is currently undeveloped, except for dirt access roads along the perimeter of the agricultural fields. The existing easements and access roads within the Project area will not be affected by the proposed parcel map waiver.

The proposed Project is a request for a parcel map waiver that would allow the property owner (Four Corners Farmland Fund Yolo, LLC) to create two parcels from one 1,412-acre parcel to a more practicable configuration that will follow the physical boundaries of the farming operations along an existing irrigation ditch that intersects the parcel from north to south. Four Corners directly farms the western half of the property and intends to lease the eastern half for row cropping. The Project site is within the A-N zone and will not directly or indirectly affect the surrounding lands which primarily consist of agricultural uses.

Although no development is proposed as part of the Project, the A-N zone would allow for the construction of one primary dwelling and one ancillary dwelling for the newly created parcels. Since the County Code provides that a property on A-N zoned land can establish a 2.5-acre homesite [County Code Sections 8-2.304/Table8-2.304(e) and 8-2.402(b)] for the authorized residences, the potential exists for the disturbance of raptor and/or Swainson's hawk foraging habitat on the newly created parcel. The Project's conditions of approval (Attachment E) will require the payment of land cover fees established by the Yolo Habitat Conservancy for a 2.5-acre homesite if the development of residential uses occurs on Parcel 1, created as a result of approval of the parcel map waiver (payment of applicable land cover fees are due prior to issuance of building permit(s) for new homesites). Since the right to develop the existing parcel with residential uses currently applies, the property owner must only pay the land cover fee for one of the two resultant parcels.

Proposed Parcel 1 and Parcel 2 exceed the minimum parcel size requirements for the A-N zone and the proposed division is consistent with policies within the 2030 Countywide General Plan that aim to maintain parcel sizes large enough to sustain viable agricultural production (Policy AG-1.2). The parcel map waiver will also facilitate agricultural partnerships and uses on the resultant parcels that are consistent with Policy AG-1.3 which prohibits the division of agricultural land for non-agricultural uses. As mentioned above, both resultant parcels will be farmed separately due to differing farming interests. Staff recommends approval of the requested parcel map waiver to create two parcels from one 1,412-acre parcel. The required findings for approving the parcel map waiver are provided in Attachment D.

CEQA Review
An Initial Study/Negative Declaration (IS/ND) was prepared for the Project. The IS/ND determined that no substantial evidence exists supporting a fair argument of significant environmental effects. The IS/ND was circulated for a 30-day public review on July 27, 2023, and comments were received from the California Department Transportation who responded to inform staff that their agency had no comments but requested copies of further actions regarding any changes to the proposal. The only other comment received on the IS/ND was from an interested party who requested clarification on the exhibits used in Figure 2. Clarification was provided to explain that the Assessor map exhibits used in Figure 2 had not yet been updated by the Assessor's Office to reflect a recent lot line adjustment approved in October 2022. The Assessor's map page has since been changed to reflect the two current Assessor Parcel Numbers.
 

A Request for Comments was sent to local and regional agencies on April 18, 2023. Comments were received from the Yolo County Department of Agriculture who did not foresee any issues with the Project which does not propose development or changes to the existing farming operations. Comments were received from the Yolo County Environmental Health Division, Yolo County Public Works Division, and interested parties. The Project was also presented to the Dunnigan Citizens Advisory Committee on August 16, 2023, which voted to recommend approval of the Project (Ayes: 6; Abstain: 1). Comments are included in Attachment F.

The Yolo Habitat Conservancy, upon a preliminary review of the Project’s HCP/NCCP Application, concluded that the Project is not subject to the Avoidance and Minimization Measures and land cover fees at this time. A condition of approval is included in Attachment E that will require compliance with the HCP/NCCP, including payment of applicable fees for homesite development on the newly created Parcel 1 following the acceptance of a parcel map waiver by the Planning Commission.

In compliance with Assembly Bill (AB) 52 (Public Resources Code [PRC] Section 21080.3.1), a Project notification letter was distributed on May 19, 2023, to representatives of the Cortina Rancheria Band of Wintun Indians of California, United Auburn Indian Community of the Auburn Rancheria, Wilton Rancheria, Ione Band of Miwok Indians, Torres Martinez Desert Cahuilla Indians, and Yocha Dehe Wintun Nation. No responses were received requesting further consultation.

Notice of the Planning Commission meeting for the Project was published on September 3, 2023, in the Davis Enterprise and mailed to property owners within 1,000 feet of the Project site on September 1, 2023.

A Courtesy Notice was previously mailed to interested parties, as well as property owners within 1,000 feet of the Project site in May 2023. Staff coordinated with the Yolo County Farm Bureau to provide clarification on the proposed Project and the parcel map waiver process.

Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board within fifteen (15) days from the date of the action. A Planning Commission Appeal Form and appeal fee immediately payable to “County of Yolo” must be submitted at the time of filing. The Board of Supervisors may sustain, modify or overrule this decision. The Planning Commission Appeal Form can be accessed at the following link: https://www.yolocounty.org/government/board-of-supervisors/clerk-of-the-board/planning-commission-appeal