ZF #2024-011: Consider a request for a tentative parcel map to create five parcels from one 986.93-acre agricultural parcel in the unincorporated area of Yolo County and adopt Negative Declaration as the appropriate level of environmental review under the California Environmental Quality Act (CEQA).  The property is located approximately 4.9 miles northwest of the community of Knights Landing, and no development is proposed as part of the tentative parcel map (APNs: 053-120-008, 053-170-009, and 056-010-024). (Applicant: Matthew K. Souza/ Owner: GES EAT 052023 LLC) (Planner: Aaron Brown)

The proposed Project is a request for a tentative parcel map to create five parcels, not less than 160 acres each, from one 986.93-acre parcel in the unincorporated area of Yolo County. The resultant parcels, Parcels 1 through 5, all meet the minimum lot size requirements for newly created parcels (i.e., 80 acres for Agricultural Intensive zoned parcels if irrigated and cultivated). Parcel 1 will consist of approximately 201.728 acres±, Parcel 2 will consist of approximately 200.222 acres±, Parcel 3 will consist of approximately 184.065 acres±, Parcel 4 will consist of approximately 237.359 acres±, and Parcel 5 will consist of approximately 163.552 acres±. The Project site is located within the Agricultural Intensive (A-N) zone, approximately 4.9 miles northwest of the town of Knights Landing, approximately 0.25 miles west of the Sacramento River, bound by Sycamore Slough to the west and south, and State Highway 45 to the east (APNs: 053-120-008, 053-170-009, & 056-010-024).

The intent of the request is to create five parcels that align with the physical boundaries of the existing farming operations. The existing parcel is split by the Sycamore Slough and a series of irrigation ditches that divides the property into five fields. No development is proposed as part of the tentative parcel map.  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 uses.
 

BACKGROUND

Section 8-1.301 of the Yolo County Code requires a tentative subdivision map and a final map for all subdivisions creating five or more lots. However, the project falls under exception (d), where each lot created by the subdivision has a gross area of not less than 40 acres or is not less than a quarter of a quarter section. Therefore, a tentative parcel map and a (final) parcel map shall be required instead.

The Project site consists of one parcel identified by three Assessor’s Parcel Numbers (APNs: 053-120-008, 053-170-009, & 056-010-024), 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 historically has 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 is 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 applicant is seeking new contracts for each parcel after pending approval of the parcel map. 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 tentative parcel map.
 

ANALYSIS

The proposed Project is a request for a tentative parcel map that would allow the property owner, GES EAT 052023 LLC, to configure the parcels to align with a more practicable farming configuration that follows the physical boundaries of the farming operations.  The property is split into five fields by Sycamore Slough and a series of irrigation ditches. The parcel is currently farmed by three separate entities - Sean Doherty Farms, Garth Williams, and Rough River Farms (Devon Yurosek). Upon approval of the proposed parcel map, the property will maintain the same farming practices, and ownership will be granted as follows: Parcels 1 and 2 will be owned by Sean and Melissa Doherty, Parcels 3 and 4 will be owned by Seth Williams Revocable Trust and Williams Hanke Family Trust, and Parcel 5 will be owned by Jessa A. Yurosek Trust and Devon J. Yurosek Trust. 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, such as seasonal row crops, and rural residences.

The row crops are irrigated via surface water from Reclamation District 108 irrigation canals, and each resultant parcel has a dedicated turnout.  There are no agricultural wells located onsite.  Additionally, access to the parcels will continue from existing dirt roads from State Route (SR) 45. A new 20-foot-wide access easement is proposed on Lands of Reclamation District #108 (South of Parcel 4) to ensure Parcel 5 has adequate access from SR 45.

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 each of 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 parcels. 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 Parcels 1,2,3, or 4 created as a result of approval of the tentative parcel map (payment of applicable land cover fees are due prior to issuance of building permit(s) for new homesites). Since the right to develop one homesite on the existing parcel existed prior to the proposed Project, the property owner must only mitigate for four of the five resultant parcels.

Staff recommends the approval of the requested tentative parcel map. Proposed Parcels 1 through 5 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 viable agricultural production (Policy AG-1.2). The parcel map 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, the resultant parcels will be farmed separately due to differing farming interests, and to better align with physical boundaries. The required findings for approving the tentative parcel map are provided in Attachment D.

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 the existence of significant environmental effects. The IS/ND was circulated for public review from July 5, 2024, to August 5, 2024, and one response was received. Caltrans responded to inform staff that dedication will be required to perfect title of their right of way through State Route 45. This request has been added as a Condition of Approval, found in Attachment E.

Should the Planning Commission approve the request for a tentative parcel map, the surveyor of record 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 of Supervisors, it shall be filed for recordation with the County Clerk Recorder.

A Request for Comments was sent to local and regional agencies on April 29, 2024. Comments were received from the Yolo County Department of Agriculture, which did not foresee any issues with the Project as it does not propose development or changes to the existing farming operations. Comments received from the Yolo County Environmental Health Division and the Yolo County Public Works Division have been included as conditions of approval in Attachment E. A Courtesy Notice was mailed to interested parties, as well as property owners within 1,000 feet of the Project site on June 3, 2024. No comments were received from interested parties or nearby property owners.

The Project was also presented to the Dunnigan Citizens Advisory Committee and Knights Landing Citizens Advisory Committee at a joint meeting on July 17, 2024.  The Knights Landing Citizens Advisory Committee unanimously voted to recommend approval of the Project (Ayes: 4; Abstain: 0). The Dunnigan Citizens Advisory Committee did not have a quorum; however, no objections were posed by the individual members in attendance.

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 E that will require compliance with the HCP/NCCP, including payment of applicable fees for homesite development on the newly created Parcels 1, 2, 3, and 4 following the acceptance of a tentative parcel map 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 June 3, 2024, 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 1, 2024, in the Davis Enterprise and mailed to property owners within 1,000 feet of the Project site on August 30, 2024.

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