ZF #2022-0060: Consider a request for a Tentative Parcel Map to divide an existing 289-acre agricultural parcel into two parcels, and adoption of a Negative Declaration as the appropriate level of environmental review under the California Environmental Quality Act (CEQA). The project site is located in an agricultural area of Clarksburg at 50870 Babel Slough Rd (APN: 044-040-033). No new development is proposed for the project. (Applicant: Wilson Farms) (Planner: JD Trebec)
 

FILE ZF #2022-0060: Wilson Vineyard Tentative Parcel Map
APPLICANT: Christopher Lerch 608 Court St Woodland, CA 95695	OWNER: Wilson Vineyard Properties PO Box 307 Clarksburg, CA 95612
LOCATION 50870 Babel Slough Road, approximately 3 miles northwest of Clarksburg (APN: 044-040-033) GENERAL PLAN: Agricultural (AG)/ Agriculture District Overlay (ADO) ZONING: Agriculture Intensive (A-N), Clarksburg Agricultural District Overlay (CADO) SUPERVISORIAL DISTRICT: 1 (Supervisor Villegas) PUBLIC HEARING NOTICE: neighbor notice mailed 3/31/23 (published in Davis Enterprise 4/2/23)	SOILS: Tb soils FMMP: Prime WILLIAMSON ACT: No FLOOD ZONE: A FIRE SEVERITY ZONE: Non-Wildland, Non-Urban
ENVIRONMENTAL DETERMINATION: Negative Declaration

That the Planning Commission:

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 Tentative Parcel Map #5226 in accordance with the Conditions of Approval (Attachment E).

The project would allow the property owner to separate the 102 acres of land that support the family-owned Silt Winery from the larger parcel primarily planted in vineyards. In turn, this would allow the winery business to operate independently of the broader family vineyard interests. Proposed Parcel 2 would include vineyards, a caretaker’s residence, and a historic barn that was permitted by Yolo County in 2018 as a tasting room (ZF2018-0021). Proposed Parcel 1 would continue to be used for wine grape production. Although creating a new parcel would allow the development of a new 2.5-acre home site for residential use on Parcel 1, the property is located in Flood Zone A (flood plain without a determined base flood elevation), as mapped by the Federal Emergency Management Agency (FEMA) and any new residential construction would have difficulty meeting FEMA and local flood protection requirements. Development of a residents would therefore likely be infeasible. No new structures are proposed for either parcel and the current vineyard and winery uses would be continued.

Staff Analysis

The Yolo County 2030 Countywide General Plan (“GP”) emphasizes the preservation of agriculture through policies that require maintaining agriculture-designated parcels large enough to sustain viable agriculture and that discourage conversion to non-agricultural purposes or uses (GP policy AG 1.2), and by prohibiting new residential or suburban subdivisions in areas designated for agricultural use (GP policy AG 1.12). Therefore, consideration of a proposal to divide agricultural land depends on the agricultural purpose which, among other things, does not result in the creation of smaller lots that become unviable for farming. Section 8-2.302 of the Yolo County Zoning Code states that the minimum lot size for newly created parcels in the A-N zone is 40 acres for irrigated parcels primarily planted in permanent crops, such as orchards and vineyards; 80 acres for irrigated parcels that are cultivated; and 160 acres for parcels that are generally uncultivated and/or not irrigated.

The request to divide the 289-acre parcel into a 192-acre parcel and a 102-acre parcel would create two parcels that would still meet the minimum parcel size required for agricultural land in the A-N Zone which is primarily planted in vineyards. The proposed land division would allow the Silt Winery to operate independently of general vineyard operations on the larger proposed Parcel 1. Wineries and tasting rooms are viewed by the County as agricultural commercial uses that support local agriculture. Staff has determined that the proposed land division serves an agricultural purpose by facilitating winery operations and ensuring vineyard production remains viable.

Parcels zoned A-N, such as the subject parcel, are permitted to have a home site of up to 2.5 acres for residential use; thus, the creation of a second parcel by the land division would allow an additional home site on the proposed Parcel 1. Additional residential development is not proposed, but should a new home site be developed on Parcel 1 it would be conditioned to comply with the Yolo Habitat Conservation Plan and Natural Community Conservation Plan (HCP/NCCP) to mitigate for the loss of habitat.

An Initial Study/Negative Declaration (IS/ND) was prepared for the project and determined that no substantial evidence exists supporting a fair argument of significant environmental impacts. The IS/ND was circulated for public review from February 8, 2022, until March 9, 2022, and received no comments. The Clarksburg General Plan Citizens Advisory Committee reviewed the project at their meeting on November 10, 2022, and voted to recommend the project for approval.

Should the Planning Commission approve the proposed tentative parcel map, the surveyor will prepare a technically accurate parcel map that will go before the Board of Supervisors as a consent item. Once the parcel map is accepted by the Board it shall be filed for recordation with the County Clerk Recorder.

Staff recommends approval of the Tentative Parcel Map, subject to the project's conditions of approval (Attachment E).

A Request for Comments was sent to local and regional agencies on September 1, 2022. Comments were received from the Delta Protection Commission (DPC) and the Yolo Habitat Conservancy (YHC). The DPC did not have concerns and found the project consistent with the Land Use and Resource Management Plan for the Delta Primary Zone. The YHC requested a condition which has been included in the Conditions of Approval in Attachment E that requires compliance with the HCP/NCCP should the project result in the development of a new home site on Parcel 1. Additionally, staff met with the Yocha Dehe Wintun Nation (YDWN) on January 11, 2023, as part of a requested consultation. The YDWN was not aware of any cultural resources near the project site, but requested that the property owner contact the YDWN should any new information or cultural resource items be found and encouraged the property owner to consider participating in a cultural sensitivity training provided by the YDWN. This request has also been noted in the project's Conditions of Approval.