(a) Purpose. The General Plan includes policies to preserve agriculturally zoned lands in Yolo County and to maintain and enhance the farm economy. This section implements those policies by allowing the voluntary concentration of existing agricultural home sites for an antiquated subdivision and/or Certificate of Compliance that recognizes a series of contiguous small legal lots in an agricultural zone, the adjustment (or Parcel Map if more than four (4) parcels are involved) may be necessary to cluster small home site parcels of two and one-half (2.5) to four (4.0) acres in one area to reduce impacts to agricultural operations, while merging the remainder farmland into large tracts that can be permanently protected for future agricultural use. This reduces the potential for small and medium sized parcels, an associated rural residential development that tend to interrupt more efficient and economically feasible patterns of farming.
This section establishes a set of regulations that allows for and encourages clustering of home sites for agricultural family members and for farm workers on smaller parcels than allowed by the current zoning, while ensuring the long-term preservation of adjoining agricultural resources in larger parcels that benefit from economies of scale. This clustering regulation provides an alternative to existing patterns of legal parcels, many of which were created prior to modern zoning and planning standards, that can lead to the development of fragmented farming.
However, the purpose of the new policies and regulations is not to provide new opportunities for all existing ag landowners to apply to create new ranchette lots through Lot Line Adjustment or subdivision, but to address the infrequent occasions when multiple lots are recognized as legal by the County and a Lot Line Adjustment will accomplish better site planning.
(b) Definitions.
Antiquated subdivision
"Antiquated subdivisions" are generally defined as those subdivisions laid out on “plats” or maps filed with a county or city either prior to 1893, the year that California's first Subdivision Map Act was adopted, or prior to 1929, when the Map Act began to regulate the design and improvement of subdivisions. Many antiquated subdivision maps were drawn without regard to topography or consideration of fundamental access, safety, and development issues. Neither California law nor policy supports widespread recognition of the lots shown on antiquated maps. The State Subdivision Map Act recognizes past subdivisions of land in only limited circumstances through the Certificate of Compliance process, set forth in Government Code section 66499.35. Yolo County does not recognize subdivision maps recorded prior to 1929 unless individual lots have been conveyed legally to different owners or have otherwise been recognized as legal by the County through the Certificate of Compliance process.
Clustered agricultural housing project
“Clustered agricultural housing project” shall mean a Lot Line Adjustment (or Parcel Map if more than four (4) parcels are involved) application involving two (2) or more agricultural parcels recognized as legal parcels by the County within an antiquated subdivision or other small lot configuration, that are proposed to be reconfigured to create legal parcels including a remainder agricultural parcel and adjoining small lot home sites, that meet all requirements of this section.
Remainder agricultural parcel
Concurrent with the Lot Line Adjustment (or Parcel Map if more than four (4) parcels are involved) of qualifying agricultural lands to create one (1) or more clustered housing parcels not to exceed four (4) acres each, the remaining large agricultural parcel(s) are the “remainder agricultural parcel.” The “remainder agricultural production parcel” shall be no less than fifty (50) percent in size of the total acreage included in the application, prior to adjustment or subdivision and shall be more than twenty (20) acres in size.
Small legal lots
For the purposes of this ordinance, small legal lots are defined as parcels that are twenty (20) acres or less and larger than five (5) acres in size.
(c) Lands eligible for clustering.
(1) This section applies to lands located in the Agricultural Intensive (A-N) or Agricultural Extensive (A-X) zones, which meet the criteria listed in (2) and (3), below.
(2) Subject to subsection (3), below, contiguous parcels are eligible for clustering if:
i. The parcels are included in an antiquated subdivision where individual lots have been recognized as legal by the County and/or include a series of small lots that have been recognized as legal lots by the County through a Certificate of Compliance process; and
ii. A majority of the legal parcels included in the application is smaller than thirty (30) acres each.
(3) Parcels are not eligible for clustering if any of the following criteria apply:
i. The legal parcel(s) are located within an adopted city Sphere of Influence, Urban Limit Line, or Growth Boundary, unless the City or other affected agency does not object to the proposal; or
ii. The legal parcel(s) are subject to an existing agricultural, habitat, or other type of conservation easement that restricts use of the land; or
iii. The legal parcel(s) are less than five (5) acres in size and are occupied with an existing home.
(d) Permits required.
(1) All clustered agricultural housing applications shall be accompanied by a rezoning application for the proposed housing parcels; and a Lot Line Adjustment (or Parcel Map if more than four (4) parcels are involved). The rezoning application shall include a request to rezone the newly created small lots from A-N or A-X to the Agricultural Residential (A-R) zone. The Tentative Parcel or Subdivision Map shall include the remainder agricultural production parcel as a designated parcel of the Map, not as a “remainder parcel” as the term is used in section 66424.6 of the State Subdivision Map Act.
(2) If the parcel(s) to be adjusted or subdivided for clustering are under an active Williamson Act contract, the following applications must be filed concurrently with the applications for clustering: a Williamson Act Contract Cancellation for the portion of the land to be subdivided into smaller two and one-half (2.5) to four (4.0) acre lots; and an agreement to retain the remainder agricultural production parcel under a Williamson Act contract.
(e) Application content. The application for a clustered agricultural housing project shall include, but not be limited to, the following:
(1) A written explanation by the applicant, accompanied by technical studies, as needed, to prove compliance with all the development standards specified in subsection (f) below;
(2) All required application materials for a Lot Line Adjustment (or Parcel Map if more than four (4) parcels are involved), Rezoning, and Williamson Act cancellation (where appropriate);
(3) Detailed description of, or a draft, conservation easement for the remainder agricultural production parcel, that complies with Section 8-2.404; and
(4) Submittal of a hydrogeologic report that demonstrates there are adequate water resources to support the home sites and continued agricultural production, unless the Planning or Environmental Health Director has determined that evidence has shown that no water resource limitations exist in the vicinity of the project site.
(f) Development standards. The design and development of a clustered agricultural housing project shall be consistent with the following standards:
(1) Type of housing. The following types of housing are allowed in a clustered agricultural housing project: single family homes subject to any size limitations set by other sections of this chapter; duplexes; and farm worker housing projects consistent with State laws and other sections of this chapter.
(2) Minimum size of the remainder agricultural production parcel. Following adjustment and rezoning to create the clustered agricultural housing project, the resulting remainder agricultural production parcel(s) shall be no less than fifty (50) percent in size of the total lands prior to adjustment and shall be no less than twenty (20) acres in size.
(3) Merger of remaining substandard parcels. The adjustment (or Parcel Map if more than four (4) parcels are involved) and rezoning approved to create the home site(s) or parcel(s) shall include the mandatory merger of any existing and remaining adjacent parcels under common ownership that are substandard in size, as defined by the underlying zoning district.
(4) Number of parcels allowed. The number of parcels allowed through the approval of a Parcel Map (if more than four (4) parcels are involved) under this section must equal or be less than the number of legal parcels prior to the Parcel Map approval.
(5) Number of homes allowed. The maximum number of homes allowed in a clustered agricultural housing project application shall be no more than one (1) primary and one (1) ancillary home on each parcel.
(6) Home site or parcel size. A clustered agricultural housing site or parcel shall be a maximum of two and one-half (2.5) acres, to accommodate a single family home, duplex, or small to medium-sized farm worker housing project. Larger parcel sizes may be required to accommodate agricultural buffers or farm worker housing project, with a maximum housing site or parcel size of four (4) acres.
(7) Site design and avoidance of best prime farmland. Clustered agricultural housing shall be located and clustered to provide the maximum protection of the best prime productive agricultural land located both on- and off-site. Clustered agricultural housing should be located on land with the lowest agricultural viability, as documented by a Storie index rating, to the maximum feasible extent.
(8) Parcel layout. The clustered agricultural housing parcels shall be configured so that property lines are immediately adjacent and physically contiguous to each other and located within a single cluster development area. A maximum of two (2) clustered development areas may be approved if such a design reduces environmental impacts.
(9) Housing development confined. Clustered agricultural housing development shall be confined to the newly adjusted parcel(s) boundaries. Housing development components include, but are not limited to, housing units, accessory structures, roadways and access drives, water and wastewater systems, agricultural buffers, drainage basins, and any other areas of the project site that may be removed from agricultural production to accommodate the proposed clustered housing project. Shared use of existing access roads or driveways, common or community water and wastewater treatment systems, storm water drainage, and other common infrastructure shall be encouraged and provided to the greatest feasible extent.
(10) Second or Ancillary Units Allowed. Second or ancillary housing units may be allowed through issuance of a Use Permit on any small lots created through Lot Line Adjustment by this ordinance, if the second units meet environmental health and other standards set forth in the Yolo County Code and other applicable laws and regulations and are no more than one thousand two hundred (1,200) square feet in size, not counting the garage.
(11) Access. Clustered developments in compliance with this section shall be allowed only on properties with access to an existing paved, County or state maintained road. Home site parcels shall be located as close as possible to existing access roads, and significant new road or driveway development that takes farmland out of production shall be avoided to the extent feasible.
(12) Interior Road and Utilities. Unless otherwise required by the County, all interior roads and utilities shall be privately-owned and maintained and the applicant shall demonstrate through draft Conditions, Covenants and Restrictions or other means that the project residents shall maintain all private roads and utilities for the life of the project at their own expense, without any financial support of the County.
(13) Agricultural buffers. Residential building sites and access drives shall maintain a sufficient buffer separation from adjacent and on-site agricultural operations and exterior property lines, to reduce any significant land use compatibility impacts affecting on-site or off-site agricultural operations, including but not limited to trespass by persons or domestic animals, vandalism, and complaints about agricultural practices. The width of buffers shall be consistent with the agricultural buffer policies adopted in the General Plan. For larger residential lots, housing shall be set back a minimum of three hundred (300) feet from adjoining agricultural land, to the extent feasible. Where smaller lots are proposed, that rely upon common well and/or septic systems, residential setbacks may be reduced to a minimum of one hundred (100) feet where buffering measures are incorporated, such as solid fencing, berms, dense landscaping, and/or other design features.
(14) Visual resources. Roads and building sites shall be located to minimize site disturbance and visibility from public roads and viewing areas, to the extent feasible considering agricultural and environmental factors.
(15) Habitat protection. Clustered agricultural housing development shall be located and designed to ensure maximum protection of sensitive habitats such as Swainson’s hawk habitat and wetlands.
(g) Conservation of remainder agricultural production parcel. No clustered agricultural housing development shall be approved without an easement that assures the permanent conservation for agricultural use of at least one half (1/2) of the remainder agricultural production parcel that is created as part of the project. The required conservation easement shall be maintained in perpetuity, and the terms and minimum requirements for the conservation easement recorded to satisfy the requirements of this provision shall be at least as stringent as those set forth in Section 8-2.404 of this chapter. The conservation easement shall be recorded concurrently with the Lot Line Adjustment and Certificate of Compliance (or Parcel Map if more than four (4) parcels are involved) for the project.
(Ord. 1445, eff. August 14, 2014, as amended by Ord. 1452, eff. January 15, 2015)