ZF #2022-0066: Consider a request for a parcel map waiver to create two parcels from one 316-acre parcel located 0.75 miles east of the City of Davis, at 25085 County Road 105, and adoption of the Negative Declaration prepared and circulated for the Project pursuant to CEQA. No development is proposed as part of the parcel map waiver. (Applicant: Christopher W. Lerch / Owner: Gerald P. Snyder 1987 Trust, dated September 17, 1987) (Planner: Tracy Gonzalez)

FILE # 2022-0066: Snyder Parcel Map Waiver
APPLICANT: Christopher W. Lerch Laugenour and Meikle 608 Court Street Woodland, CA 95695	OWNER: Gerald P. Snyder 1987 Trust, dated September 17, 1987 911 E. 3025 North Street North Ogden, UT 84414
LOCATION: 25085 County Road 105 (APN: 033-650-005) GENERAL PLAN: Agriculture (AG) ZONING: Agricultural Intensive (A-N) SUPERVISORIAL DISTRICT: 4 (Supervisor Provenza) PUBLIC HEARING NOTICE: 3/31/2023 (published in Davis Enterprise)	SOILS: Capy silty clay (Grade 3), Marvin silty clay loam (Grade 2), and Sacramento clay, drained (Grade 4) FMMP: Prime Farmland and Farmland of Local Importance WILLIAMSON ACT: Agreement No. 72-094 FLOOD ZONE: A FIRE SEVERITY ZONE: Non-Wildland/Non-Urban
ENVIRONMENTAL DETERMINATION: Negative Declaration

1. Hold a public hearing to receive staff presentation and accept public comment;
2. Adopt the Negative Declaration as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines. (Attachment C);
3. Adopt the proposed Findings (Attachment D); and
4. Approve the request for a parcel map waiver in accordance with the Conditions of Approval (Attachment E).

The proposed project is a request for a parcel map waiver to create two parcels from one approximately 316-acre parcel in the unincorporated area of Yolo County. Parcel 1 and Parcel 2 will each consist of approximately 158 acres. The project site is located 0.75 miles east of the City of Davis, within the City and County Pass-Through Agreement Planning boundary, north of Interstate 80 (I-80), at the intersection of County Road 105 and County Road 30 (APN: 033-650-0005). The property is zoned Agricultural Intensive (A-N) and is designated Agriculture (AG) in the 2030 Countywide General Plan. The parcel map waiver will allow the current property owners, co-owned by the Gerald P. Snyder 1987 Trust and Snyder 2018 Living Trust et al., to create two lots to address differing farming interests among the beneficiaries of each Trust with the intention of keeping the parcels in productive agriculture. No development, including additional residences, is proposed as part of the parcel map waiver.  The entire parcel (APN: 033-650-005) is under a single Williamson Act contract (No. 72-094), which will remain intact. The project is consistent with policies in the 2030 Countywide General Plan that aim to maintain parcel sizes large enough to sustain agricultural production and prohibit the division of agricultural land for non-agricultural uses.

BACKGROUND
The project site is designated Agriculture (AG) by the Yolo County 2030 Countywide General Plan and has been historically used for the cultivation of alfalfa and seasonal row crops, irrigated via well and surface water supplies. Due to the different soil characteristics of the fields, the two westernmost fields are farmed in alfalfa and the two eastern fields are farmed in seasonal row crops. The property is enrolled in the California Land Conservation Act (Williamson Act) under a single contract (since February 1972) and consists of soils identified as prime farmland and farmland of local importance. The current Williamson Act contract will not be affected by the proposed parcel map waiver.

Existing development at the project site (APN: 033-650-005) includes a dwelling unit, barn, and other amenities that will be confined to the northwest corner of proposed Parcel 1. Proposed Parcel 2 is currently undeveloped and contains an existing pond located at the southeast corner of the parcel. Throughout the project site, there are several Pacific Gas & Electric (PG&E) pipeline easements, a PG&E pole line easement, gas markers, and various dirt access roads. The existing easements, markers, and access roads will not be affected by the proposed parcel map waiver.

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 a 316-acre parcel into two separate parcels through a parcel map waiver, which is an application submittal that is reviewed and processed similar to a tentative parcel map, except that the final parcel map requirements are waived. A 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 established in Attachment E for the Planning Commission’s consideration.

ANALYSIS
As addressed above, the proposed parcel map waiver would provide for the creation of two approximately 158-acre parcels and allow the beneficiaries of each Trust to address long-term farming strategies. The co-owned property has been farmed for approximately three generations through an agricultural lease with Dettling Farms, Inc. The westernmost field has historically been farmed in alfalfa and the eastern field has been farmed in seasonal row crops due to the different soil types present across the four distinctly separate farm fields. The beneficiaries of each Trust are aware of the importance of preserving farmland in Yolo County, especially those lands which are designated prime farmland. The opportunity for the beneficiaries to plan ahead before the Gerald P. Snyder 1987 Trust terminates will ensure the property's farming legacy will be preserved. Parcel 1 would be retained by the beneficiaries of the Snyder 2018 Living Trust, whose children currently reside on the property, and Parcel 2 would be sold to a separate farming interest since the heirs of the beneficiaries of the Gerald P. Snyder Trust have no interest in farming the land.

The project site is located in the Agricultural Intensive (A-N) zone and will not directly or indirectly affect the surrounding lands which primarily consist of agricultural uses, such as alfalfa, seasonal row crops, and permanent crops (orchards). 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 parcel (Parcel 2). 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 the newly created Parcel 2, 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).

The proposed Parcel 1 and Parcel 2 meet the minimum parcel requirements for the A-N zone and are therefore consistent with policies within the 2030 Countywide General Plan that aim to maintain parcel sizes large enough to sustain agricultural production (Policy AG-1.2) and prohibit the division of agricultural land for non-agricultural uses (Policy AG-1.3). Staff recommend the approval of the requested parcel map waiver to create two approximately 158-acre parcels from one 316-acre parcel. The required findings for approving the parcel map waiver are provided in Attachment D.

Environmental 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 public review on March 10, 2023, and comments were received from the Yolo Land Trust in support of the project to maintain the current zoning designation and use. Comments were received from the Yolo County Department of Agriculture which did not foresee any issues with the project so long as the parcel remained in agriculture/farming. The California Department of Conservation Geologic Energy Management (GEM) Division also provided comments pertaining to the five known oil or gas wells located within the project boundary and the potentially dangerous issues that may be associated with development near oil, gas, and geothermal wells. GEM recommended that the information in the letter provided regarding the referenced oil or gas wells is communicated to both present and future property owners/developers and the appropriate county recorder for inclusion in the title information of the subject real property.

Following the Planning Commission's approval of the proposed parcel map waiver, the surveyor will review the final documents, including the plat map and legal descriptions for the newly created parcels, prior to Planning Director approval of and recordation of the Certificate of Compliance.

A Request for Comments was sent to local and regional agencies on September 30, 2022. Comments were received from the Yolo Habitat Conservancy, Yolo County Environmental Health Division, Yolo County Public Works Division, and Yocha Dehe Wintun Nation (YDWN). The project site is not located within any catchment area for a local General Plan Citizens Advisory Committee.

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 HCP/NCCP fees at this time. A condition of approval is included in Attachment C that will require compliance with the HCP/NCCP, including payment of applicable fees, for homesite development on the newly created Parcel 2 following recordation of the Certificate of Compliance.

YDWN concluded that the project is within their aboriginal territories and that they have a cultural interest and authority in the project area. YDWN responded to a formal AB 52 request on November 2, 2022, to initiate consultation with the County and a consultation meeting was held via Teams on January 18, 2023. YDWN recommended that the County encourage the property owner(s) to coordinate with YDWN should any future trenching or excavation activities occur, as a result of the parcel map waiver, that may disturb tribal and/or cultural resources within the project's vicinity (see proposed Conditions of Approval in Attachment E).

Notice of the Planning Commission meeting for the project was published on April 2, 2023 and mailed to property owners within 1,000 feet of the project site on March 29, 2023.

A Courtesy Notice was previously mailed to property owners within 1,000 feet of the project site near the end of September 2022 and no comments were received.