Article 3 — Permits

(a) Generally. Subject to the exemptions set forth below, no person shall engage in grading, clearing, or other activities, including the recordation of a conservation easement, with the intent to implement a covered habitat mitigation project without first applying for and receiving a use permit under this Chapter, together with any other approvals required by federal, state, or local law.

(b) Advisory Determination Regarding Coverage . Prior to asserting an exemption under subsection (c)(iii) or (vi), below, a prospective project applicant must conduct a pre-application consultation regarding the need for a use permit under this Chapter or other potential County approvals. This consultation may be initiated by contacting the Office of the County Administrator, Natural Resources Division and submitting a written project description with sufficient detail to enable an evaluation of the applicability of one or more exemptions. Prospective project applicants asserting their project is exempt under other provisions of subsection (c) may, but are not required to, also seek a pre-project consultation in the same manner.

(c) Exemptions. The following projects shall be exempt from the use permit requirement and the other provisions of this Chapter:

(i) All covered habitat mitigation projects that do not create 10 or more acres of habitat.

(ii) All covered habitat mitigation projects that do not enhance, restore, or preserve 40 or more acres of habitat. This exemption may not be combined with the exemption in subsection (a), above, to exempt any covered habitat mitigation project that creates, enhances, restores, or preserves 40 or more acres of habitat.

(iii) Covered habitat mitigation projects that create, enhance, restore, or preserve riparian corridor (buffer), oak woodland, vernal pool, or native grassland/prairie habitats, unless any such project also includes one or more other habitat types that exceed the acreage limits set forth in subsections (a) or (b), above. The proponent of any project that qualifies for this exemption shall provide notice to the County of the proposed project before commencing construction or other activities in furtherance of the project.

(iv) Any covered habitat mitigation project that received all necessary County approvals prior to the effective date of this Chapter, or for which a complete application for such approval(s) was submitted prior to effective date (for projects of less than 160 acres only) of Yolo County Ordinance No. 1401, which established a moratorium on certain types of habitat projects.

(v) Any covered habitat mitigation project(s) undertaken by a person that entered into a Memorandum of Understanding or similar written agreement with the County addressing the implementation of such project(s) during the term of Yolo County Ordinance No. 1401 (including the term extension approved pursuant to Ordinance No. 1402), which established a moratorium on certain types of habitat projects. This exemption shall be limited in scope to the project and/or other activities specifically described in the Memorandum of Understanding.

(vi) Limited term pilot projects undertaken for scientific research and related purposes, including feasibility assessments, in connection with the potential future implementation of a covered habitat mitigation project. Such projects are not covered by this Chapter so long as they occur in a time and manner that does not substantially interfere with the reasonable agricultural use of the pilot project site or adversely affect surrounding lands.

(vii) Activities that require discretionary approval pursuant to Chapters 3, 4, or 5 of this Title 10.

Notwithstanding the foregoing, any expansion or other change to a covered habitat mitigation project previously covered by one or more of these exemptions shall require a use permit if the proposed expansion or other change would remove the project, viewed as a whole, from the scope of these exemptions.

(d) Activities Not Covered. The following activities do not constitute covered habitat mitigation projects and are not subject to regulation under this Chapter so long as they are undertaken in the usual and customary manner prevailing in the County at the time this Chapter was adopted:

(i) All activities undertaken in connection with, and in furtherance of, the agricultural use of land. This includes, but is not limited to, the construction and maintenance of stock ponds and small reservoirs, tail-water ponds, irrigation canals and sloughs, rice fields, and similar activities.

(ii) Projects undertaken for the primary purpose of flood control, flood protection, or related matters of flood safety and the protection of life and property.

(iii) The winter flooding of agricultural fields for the primary purpose of providing temporary habitat for migratory waterfowl, provided such flooding does not occur in a time or manner that prevents or substantially interferes with the reasonable agricultural use of the site or adversely affect surrounding lands.

(§ 5, Ord. 1426, eff. February 28, 2013; as amended by §§ 3–4, Ord. 1501, eff. August 23, 2018)

(a) Applications, generally. Applications for a use permit under this Chapter shall be submitted to the Director, together with payment of all application fees established by the Board of Supervisors. Except as otherwise provided in this Chapter, all provisions of the Yolo County Code relating generally to use permits shall apply to the review, issuance, and amendment or revocation of permits covered hereunder.

(b) Application contents. An application for a use permit shall include all of the following:

(i) A completed application for a permit under this Chapter, on a form provided by the County, together with payment of the application fee established by resolution of the Board of Supervisors.

(ii) Completed applications for any other required County approvals, such as a grading permit or Flood Hazard Development Permit, together with payment of the application fee(s) established by resolution of the Board of Supervisors. In addition, both with the initial application and thereafter, the applicant shall provide copies of all completed applications for other federal, state, and local approvals associated with the proposed project to facilitate coordination between the County and other agencies.

(iii) Appropriate site-specific technical reports, including but not limited to such documents as a biological resources analysis, a hydrology analysis, a geotechnical analysis, and an engineered excavation plan. The types of reports that may be required should be uniform for applications that are similar in nature, but may vary to the extent that the features of a proposed project or the characteristics of the project site and surrounding lands are unique. Upon request, the Director will advise an applicant of the types of reports that should be submitted with a permit application or, in appropriate instances, in connection with environmental review of a proposed project or at other times as specified by the Director in his or her sole discretion. In some instances, the applicant may be able to satisfy this requirement by providing documents prepared in connection with applications to other federal, state, or local agencies relating to the project.

(iv) A site plan showing property lines, assessor's parcel numbers, onsite and adjoining land uses, topography, access, and existing/proposed patterns of vegetation.

(v) A proposed management plan that identifies how the project will be operated and managed over time. Among other things, the plan should explain how the project will be actively operated and managed in perpetuity to ensure that its environmental and other benefits are realized on a continuous basis, how vector control issues will be addressed, if applicable, and how any unanticipated events and impacts to surrounding land uses will be addressed. The proposed management plan shall also include measures to address crop depredation to the extent it is a reasonably foreseeable consequence of the proposed project. The plan should also state whether the operation and management of the project will be supported by an endowment or other established source of funds.

In addition to the foregoing, the Director may require such other and further information relevant to the project as needed to perform appropriate environmental analysis, to determine whether the proposal may affect public health, safety, and welfare, and for other good cause as determined by the Director in his or her sole discretion.

(c) Yolo HCP/NCCP and RCIS/LCP Consistency. In addition to referrals to other County departments, as may be appropriate in the discretion of the Director, all permit applications shall be promptly referred to the following:

(i) To the Executive Director of the Yolo Habitat Conservancy. The referral shall include a request for comments regarding whether the application is consistent with the Habitat Conservation Plan/Natural Communities Conservation Plan (HCP/NCCP) and the Local Conservation Plan included within the Yolo County Regional Conservation Investment Strategy, described below.

(ii) To the Implementation Sponsor for the Yolo County Regional Conservation Investment Strategy (RCIS). As with the Yolo HCP/NCCP, the referral shall include a request for comments regarding whether the application is consistent with the RCIS.

Referrals shall encourage a response within thirty (30) days. Additional referrals may also be made later in the planning and environmental review process.

(d) Deciding Authority. The Deciding Authority for permit applications shall be as follows:

(i) For projects of less than 40 acres, the Zoning Administrator shall be the Deciding Authority.

(ii) For projects of between 40 and 159 acres, the Planning Commission shall be the Deciding Authority. For projects that are 160 or more acres, the Planning Commission shall act in an advisory capacity to the Board of Supervisors. Acting in such capacity, the Planning Commission shall hold at least one noticed public hearing on the project prior to making a recommendation to the Board of Supervisors. The recommendation of the Planning Commission shall be in writing and shall include a detailed statement of the grounds for the recommendation.

Planning Commission shall act in an advisory capacity to the Board of Supervisors. Acting in such capacity, the Planning Commission shall hold at least one noticed public hearing on the project prior to making a recommendation to the Board of Supervisors. The recommendation of the Planning Commission shall be in writing and shall include a detailed statement of the grounds for the recommendation.

(iii) For projects that are 160 or more acres or that include a proposed alternative approach to addressing the conversion of farmland (as set forth in Section 10-10.303(h), below), the Board of Supervisors shall be the deciding authority. The Board of Supervisors shall hold at least one noticed public hearing on the project prior to making a final decision on the application.

(e) Decision . After considering the application materials and, if applicable, the recommendations of County staff and the Planning Commission, the Deciding Authority shall issue, conditionally issue, or deny the application by a written decision supported by findings that address the criteria set forth in Section 10-10.303, below. Due to the unique nature of projects covered by this Chapter, the general conditions that typically apply to the review and approval or denial of a use permit, set forth in Yolo County Code Section 8-2.217, shall not apply.

(f) Costs and expenses. The applicant shall reimburse all costs and expenses reasonably incurred by the County in reviewing applications under this Chapter, including but not limited to staff time and costs and expenses associated with environmental review. At the discretion of the Director, the applicant may be required to provide a reasonable deposit for such costs, enter into a reimbursement agreement with the County, or both.

(§ 5, Ord. 1426, eff. February 28, 2013; as amended by § 5, Ord. 1501, eff. August 23, 2018)

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)

(a) Term. The use authorized by a permit issued under this Chapter shall commence within one to five years, as may be appropriate taking all circumstances relating to the project into account. In particular, covered habitat mitigation projects that require numerous federal, state, and local agency approvals that can take a long time to acquire may warrant an initial permit term of up to five years, in the sole discretion of the Deciding Authority. Once the authorized use commences, a permit shall be perpetual in term unless otherwise indicated at the time of its original approval.

(b) Amendments, generally. An amendment to an existing permit issued under this Chapter shall be required for any significant change to an approved covered habitat mitigation project. This shall include, but is not limited to, any change in the size or operation of an approved project that could have a significant effect on the environment. The Director shall have the discretion to determine whether an amendment to an existing permit is required.

(c) Applications for amendments; processing. Applications for amendments to previously issued permits shall be submitted to the Director on forms provided by the County. An application to amend a previously issued permit shall also be accompanied by the appropriate fee, as established by resolution of the Board of Directors. In addition, the Director may require any or all of the additional information and documents described in Section 10-10.302(b), above, that may be reasonably necessary for consideration of the application. An application for an amendment shall be handled in the same manner as an original permit application, as described in Section 10-10.302(b) - (e), above. (§ 5, Ord. 1426, eff. February 28, 2013)