Article 8 — Public and Open Space Zones

The purpose of the public and open space zones is to provide for areas that support and enhance a wide range of open space, recreation, and public uses.

(Ord. 1445, eff. August 14, 2014)

Public and open space areas are separated into three (3) zoning districts, with specific Use Types, minimum lot area, and other requirements, as described below.

(a) Parks and Recreation (P-R) Zone. The purpose of the Parks and Recreation (P-R) zone is to identify lands that are developed as existing County parks and to designate lands for future parks, including privately owned facilities offering recreation to the greater region. Permitted uses in the P-R zone include a wide range of active recreational activities, whether located outdoors or within recreational or community buildings. Typical development in the P-R zone includes sports fields, tot lots, and public pools. Some P-R zones serve as agricultural buffer areas. Detention basins are an allowed ancillary use in the P-R zone when designed with recreation or sports features. The only retail and service activities allowed in the P-R zone are those that are operated by park personnel or under a concession arrangement (gift stores, restaurants, guides, etc.).

The P-R zone is not usually applied to undeveloped lands that support only passive recreational activities such as hiking or bicycling. These latter lands are zoned Public Open Space (see below). Note that most park uses would normally be required to locate on lands that have been zoned PQP; however, smaller uses of less than five thousand (5,000) square feet of total building space, or one (1) acre in size for a park, may be permitted to locate in other zones, such as commercial and some industrial zones, without a rezoning to PQP. The P-R zone implements the Parks and Recreation (PR) land use designation in the 2030 Countywide General Plan.

(b) Public Open Space (POS) Zone. The purpose of the Public Open Space (POS) zone is to recognize major publicly-owned open space lands, major natural water bodies, agricultural buffer areas, and habitat preserves. The POS lands are characterized by passive or low management uses. Detention basins are allowed in the POS zone if they are designed with naturalized features and native landscaping. The POS zone implements the Open Space (OS) land use designation in the 2030 Countywide General Plan.

(c) Public and Quasi-Public (PQP) Zone. The Public and Quasi-Public (PQP) zone is applied to lands that are occupied or used for public and governmental offices, places of worship, schools, libraries, and civic uses. Other typical uses include airports, water and wastewater treatment plants, drainage basins, and sanitary landfills. As with park facilities, smaller public/quasi-public uses involving less than five thousand (5,000) square feet of building space may be permitted in commercial and some industrial zones. The PQP zone implements the Public and Quasi-Public (PQ) land use designation in the 2030 Countywide General Plan.

(Ord. 1445, eff. August 14, 2014)

As with the other zone districts, a Use Classification System has been employed to identify public and open space Use Types, as defined in Sec. 8-2.227 of this chapter. "Principal" uses are allowed by right. "Accessory" or "ancillary" uses are allowed by right or with the issuance of a Site Plan Review. A smaller number of uses are "conditional" uses permitted through the issuance of a Minor or Major Use Permit.

The Use Types include a wide range of passive and active recreational uses, and public-oriented activities. The descriptions of the Use Types in this chapter contain individual specific uses that are classified within the Use Type. These lists of specific typical uses are examples and are not meant to include all uses that may properly be classified within the Use Type. If a specific use is not included under a Use Type, the Planning Director has the discretion of finding that the specific use is similar or consistent with another listed use, and may be allowed as a principal, accessory, or conditional use or, conversely, may find that the use is not an allowed use within the zone.

(a) Passive Recreation Uses. This Use Type includes low intensity outdoor activities enjoyed by the public such as walking, hiking, bicycling, boating and water sports, picnicking, nature education, and bird watching.

(b) Active Recreation Uses. This Use Type includes all of the typical recreational activities that are offered in a developed County park, from outdoor recreation such as sports fields (baseball, football, soccer), swimming, camping/RV parks, marinas, health resorts and retreat centers to indoor activities in park buildings and community centers.

This Use Type also includes privately owned facilities, such as golf courses with country clubs, upscale campgrounds, RV Parks, and health resorts or retreat centers that draw clientele from a greater regional area.

(c) Public and Civic Uses. This Use Type covers a wide range of uses including governmental offices, libraries, public schools, landfills, the County airport, treatment plants, and other official County or city functions.

(d) Quasi-Public Uses. This Use Type includes activities conducted in privately-owned facilities such as schools, museums, and fraternal organizations, and also private uses that attract large numbers of customers such as theaters and sports event venues.

(Ord. 1445, eff. August 14, 2014)

The following Table 8-2.804 lists the permit requirements for examples of Use Types in each public or open space zoning district. Examples of Use Types are defined as "principal," "ancillary," or "accessory" uses which are allowed "by right" (with issuance of a building permit after zoning clearance), or are allowed through issuance of a nondiscretionary (no public hearing) Site Plan Review. Additional examples of Use Types are defined as "conditional uses" that are permitted through the issuance of a discretionary Minor or Major Use Permit, after a public hearing. Table 8-2.804

Allowed Land Uses and Permit Requirements for Public and Open Space Uses

• An "allowed use" does not require a zoning or land use permit, but is still subject to permit requirements of other Yolo County divisions such as Building, Environmental Health, and Public Works.

(1) Uses on the County Airport, Watts-Woodland, and Borges airport properties must be consistent with the Comprehensive Land Use Plans (CLUPs) and Federal Aviation Administration (FAA).

(Ord. 1445, eff. August 14, 2014; as amended by § 9, Ord. 1466, eff. March 24, 2016; as amended by § 4, Ord. 1522, eff. August 6, 2020; as amended by § 2, Ord. 1545, eff. January 6, 2022)

The following Table 8-2.805 identifies the development requirements, including minimum parcel sizes, setbacks, and other standards that allowed and permitted uses in the commercial zones must meet as a standard or condition of any issued building permit, Site Plan Review, or Use Permit.

Table 8-2.805

Development Requirements in Public and Open Space Zones[(4)]

Notes:

(1) Parcels in rural areas with no access to public water and/or wastewater services are subject to 2.0 acre minimum parcel sizes for new building permits, see Section 8-2.1002(a).

(2) Small uses of less than 5,000 square feet of total building space, or one acre in size for a park, may be permitted in other zones, such as commercial and some industrial zones, without a rezoning to PQP.

(3) Setbacks for hangars and other structures within the County Airport property, not along a County Road (where standard setbacks within the PQP zones apply), may be reduced to 0 feet by the Building Official.

(4) Appropriate findings for discretionary projects, and ministerial residential projects, located within the floodplain are required, see Section 8-2.306(ae). Structures built in the 100-year flood plain to comply with FEMA and local requirements will be measured from the top of the bottom floor, which may include a basement, crawlspace, or enclosed floor.

(5) Development near the toe of any levee is restricted, see Section 8-2.306(ad).

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015; as amended by § 9, Ord. 1466, eff. March 24, 2016; as amended by § 2, Ord. 1497, eff. June 7, 2018)

The following specific use requirements may be applicable to some of the specific uses or zones identified in the previous Table 8-2.804, and shall be applied to any issued building permits, Site Plan Review, or Use Permit for uses in the public and open space zones.

(a) Rural recreational facilities.

(1) Activities on land in the P-R and POS zones shall require issuance of a Major Use Permit for any rural recreational uses requiring new construction and/or generating in excess of one hundred (100) vehicle trips per use or per day. Such uses shall be found to meet the following standards:

(i) The use will not substantially modify the land's natural characteristics or change them beyond those modifications already related to current or previous open space or agricultural uses;

(ii) The use will not be detrimental to surrounding open space and agricultural uses in the area.

(2) In addition to the above findings, proposed uses such as health resorts, spas, and retreat centers must be found to benefit from locating in a quiet, sparsely-populated, natural environment. In addition, any proposed uses such as health resorts, spas, and retreat centers must operate under a concession arrangement with a public or non-profit organization.

(b) Aviation uses. Aviation uses allowed as principal permitted uses on the County Airport, Watts-Woodland, and Borges airport properties include accessory structures and facilities including aircraft and aviation accessory sales; aircraft fueling stations; aircraft storage, service, and repair hangers; lighting, radio, and radar facilities; runways, taxiways, landing strips, and aprons, grassed or paved; and terminal facilities for passengers and freight.

(c) Retail, service, or office uses. Any retail, service or office uses (gift stores, restaurants, guide services, horseback riding, etc.) must be operated by park personnel or operate under a concession arrangement with a public or non-profit organization.

(d) Caretaker residence. Regional parks and campgrounds are allowed one (1) caretaker unit. No allowed residential uses for community and neighborhood parks and similar facilities. Public open space is allowed one (1) caretaker unit.

(e) Approval of discretionary projects and permits within the floodplain. Approvals of all discretionary projects and permits within the 100-year and 200-year floodplain must meet FEMA, State and local flood requirements. Appropriate findings for discretionary projects, or ministerial residential projects, located within the floodplain are required, see Section 8-2.306(ae).

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015; as amended by § 9, Ord. 1466, eff. March 24, 2016)

Rural recreation.

Outdoor sporting or leisure activities that require large open space areas and do not have any significant detrimental impact on agricultural use of lands that are in the general vicinity of the rural recreation activity. Rural recreation activities shall include, but are not limited to: the shooting of skeet, trap, and sporting clays; archery; gun, hunting, or fishing clubs; sport parachuting; riding; picnicking; nature study; viewing or enjoying historical, archaeological, scenic, natural or scientific sites; health resorts, rafting, hiking, backpacking, bicycling, or touring excursions; or camping.

(Ord. 1445, eff. August 14, 2014)