A permit applied for under this Chapter shall be approved if, taking all feasible mitigation measures, conditions of approval, and other relevant facts into account, the Deciding Authority makes all of the following determinations based on substantial evidence in the record:
(a) That the project applicant has substantially complied with the requirements of this Chapter, including but not limited to provisions addressing the submission and contents of a management plan;
(b) That the project would not significantly conflict with surrounding land uses;
(c) That the project would not have a significant adverse effect on biological resources, is not reasonably expected to significantly conflict with the Yolo Natural Heritage Program (HCP/NCCP), and will advance one or more goals and objectives of the HCP/NCCP or otherwise contribute to its implementation
(d) That the project would not significantly compromise flood safety and the protection of life and property;
(e) That the project would not have a significant adverse economic effect—either by itself or cumulatively—within the County or region. This factor shall only be considered for projects that convert 40 or more acres of farmland;
(f) That the project, if undertaken in furtherance of the "co-equal goals" and the habitat restoration objectives of the Delta Reform Act, will proceed in a manner that is faithful to the Act in its entirety, including its basic policy direction that the coequal goals of "providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem" are to be achieved in a manner "that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place";
(g) If the project site is subject to a Williamson Act contract, that the project is an "open space use" under Government Code Section 51201(o) or that it would not otherwise cause a material breach of the contract. Any project that is an "open space" use under Section 51201(o) shall also require approval of an amended Williamson Act contract or other appropriate action to authorize the open space use;
(h) That any conversion of farmland to habitat or other non-agricultural uses will be mitigated in accordance with Yolo County Code Sections 8-2.301 et seq. (notwithstanding anything to the contrary set forth therein regarding its application to habitat projects) or, subject to the approval of the Board of Supervisors, that the applicant will implement an alternative approach to addressing the conversion of farmland that provides an equal or greater level of mitigation; and
(i) That the project would not significantly conflict with other relevant considerations of public health, safety, or welfare, sufficient to require preparation of a statement of overriding considerations pursuant to the California Environmental Quality Act.
Written findings addressing each of these matters shall be prepared in connection with a decision on a permit application.
If the Deciding Authority (other than the Board of Supervisors) finds that a project cannot be approved because one or more of these determinations cannot be made, the permit shall be referred to the Board of Supervisors for consideration at a noticed public hearing. The Board of Supervisors may approve a permit even if it finds that one or more of these determinations cannot be made, provided it finds that issuance of the permit is consistent with the purposes of this Chapter and all applicable provisions of local, state, and federal law. Any decision of the Board of Supervisors following its deliberation of these issues shall include written findings based on substantial evidence that address all of the criteria and other matters set forth above, together with an explanation of any decision to approve or deny a permit.
(§ 5, Ord. 1426, eff. February 28, 2013; as amended by § 6, Ord. 1501, eff. August 23, 2018)