Article 9 — Specific Plan and Overlay Zones

The purpose of the Specific Plan and the Overlay zones is to implement the 2030 Yolo Countywide General Plan policies by adopting additional zoning tools that enhance and protect a range of land uses. The overlay zones described in this article establish standards and regulations that apply to specified areas that are in addition to the

requirements established by the underlying base zone district. If a requirement of an overlay zone should conflict with the underlying base zone, the overlay zone requirements shall control.

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

The Specific Plan is not an overlay zone, but is a base zone similar to agricultural, residential, commercial, and industrial base zoning.

(a) Specific Plan (S-P) Zone. The purpose of the Specific Plan (S-P) zone is to identify lands that are planned for future urban growth but which cannot be developed until detailed development standards as outlined in a "specific plan" are adopted. The required contents of a specific plan are defined under State law (Government Code 64540 et seq). In addition, the 2030 Yolo Countywide General Plan includes policies that set parameters or requirements for development in each specific plan area, including approximate acres of planned uses and ranges of residential and commercial unit counts. These policies and development parameters are cited in Table 8-2.905.

The area identified for preparation of a specific plan in the 2030 Countywide General Plan includes Covell/Pole Line Road in north Davis (Table 8-2.902-1).

Table 8-2.902-1

Specific Plan (S-P) Areas

Source: 2030 Countywide General Plan, 2009

The Specific Plan (S-P) zoning allows agricultural uses in the zoned area to continue temporarily until such time as a specific plan has been adopted, or until the zoning or land use designation is otherwise amended. Ultimate land uses must be consistent with the adopted Specific Plan. Capital intensive agricultural uses are discouraged in lands that are zoned S-P so as not to preclude later planned urban uses.

The S-P zone implements the Specific Plan (SP) land use designation in the 2030 Yolo Countywide General Plan. (Ord. 1445, eff. August 14, 2014; as amended by § 3, Ord. 1486, eff. March 23, 2017; as amended by § 2, Ord. 1490, eff. August 17, 2017)

Policy LU-1.1 and Table LU-4 in the 2030 Yolo Countywide General Plan establish and define six (6) overlay land use designations, which correspond to five (5) new overlay zoning districts listed below. The Mineral Resource Overlay defined in the General Plan is implemented by the existing Sand and Gravel, and Sand and Gravel Reserve, zones. A seventh overlay, the Airport Overlay (A-O), is not identified in the General Plan, but has been added to protect properties around the County Airport. An eighth overlay zone incorporates some of the existing Planned Development (PD) zones approved by the County which have been retained for certain development projects. Overlay zones are added to, or on top of, a base zone, augmenting the base zone regulations with additional regulations related to the unique location or character of the parcels that are subject to the overlay zoning. If there are any inconsistencies between the overlay and the base zoning regulations, the overlay regulations prevail. When

referring to an overlay zone, the overlay name is added to the base zoning, following it separated by a slash marking ("/"), e.g., A-N/A-O (except for the Planned Development overlay zones, which are designated with the number of the original approved zone, e.g., PD-45).

The overlay zones, excluding the PD zones, are identified with their corresponding total acreage in Table 8-2.903-1, below.

Table 8-2.903-1

Overlay Zone Areas

Source: 2030 Countywide General Plan, 2009

(a) Natural Heritage Overlay (NH-O) Zone. The Natural Heritage Overlay (NH-O) applies to focused conservation areas identified in the Yolo Natural Heritage Program (the Yolo County Habitat Conservation/ Natural Communities Conservation Plan). Allowed land uses are limited to those consistent with the adopted Yolo Natural Heritage Program and HCP/NCCP.

(b) Agricultural District Overlay (AD-O) Zone. The Agricultural District Overlay (AD-O) applies to designated agricultural districts. Land uses consistent with the base designation and the district specifications are allowed. At the current time only one (1) agricultural district has been adopted in the Clarksburg area. The zoning regulations for the Clarksburg Agricultural District are included in Section 8-2.401 in Article 4 of this chapter.

(c) Delta Protection Overlay (DP-O) Zone. The Delta Protection Overlay (DP-O) applies to the State designated "primary zone" of the Sacramento-San Joaquin Delta, as defined in the Delta Protection Act. Land uses consistent with the base designation and the Delta Protection Commission's Land Use and Resource Management Plan are allowed.

(d) Sand and Gravel and Sand and Gravel Reserve Overlay (SG-O and SGR-O) Zones. The Sand and Gravel and Sand and Gravel Reserve Overlays (SG-O and SGR-O) apply to State designated mineral resource zones (MRZ-2) containing critical geological deposits needed for economic use in the future, as well as applying to existing mining operations.

(e) Tribal Trust Overlay (TT-O) Zone. The Tribal Trust Overlay (TT-O) applies to tribal trust lands held by the Federal government for recognized tribal governments.

(f) Airport Overlay (A-O) Zone. The Airport Overlay (A-O) zone is applied to the properties within a ten thousand (10,000) foot radius around the Yolo County Airport and included within the identified "safety zones" of the airport. The purpose of the overlay zone is to regulate uses and structural heights to ensure aviation safety as required by the Comprehensive Land Use Plan (CLUP) for the County Airport. The regulations specifically advise private property owners of the restrictions related to vegetation and height of structures.

(g) Planned Development (PD) Overlay Zone. The purpose of the Planned Development (PD) overlay zone is to encourage a more flexible and efficient use of land for larger urban development projects that include an excellence in site design greater than that which could be achieved through the application of established zoning standards. Use of a PD zone process requires the rezoning of a parcel or parcels from the existing base zone to the base zone overlain with a uniquely defined PD zone with its own number identification (such as PD-45). A PD zone must be generally consistent with its associated base, e.g., residential or commercial. PD zoning is not intended for agricultural zones or uses.

Many of the Planned Development projects in Yolo County were approved decades ago and have since been developed. These completed projects have been rezoned to their appropriate base zones, based on developed densities and uses, and the PD regulations have been rescinded, unless they are still relevant. The relevant PD zones that have been retained in their individual PD zoning, including recently approved subdivisions in Esparto that have not yet been constructed, are identified in Table 8-2.903-2, below.

Table 8-2.903-2

Planned Development Zone Areas

(h) Special Building Overlay (B) Zone. The "B" overlay is a Special Building overlay zone that is applied to areas zoned for development where the lack of public facilities and utilities indicates a need for new building sites of larger acreage than otherwise permitted in the zone. The County Environmental Health Division is responsible for setting these minimum parcel size restrictions in compliance with State laws that set standards for on-site sewage disposal and private water wells. The B overlay zone sets a minimum parcel size of two (2) acres for newly created parcels zoned for development that do not have access to public water and public wastewater treatment services. The two (2) acre minimum parcel size to build a house does not apply to existing lots, only newly created lots. There are numerous areas within the unincorporated area where homes and businesses must rely on private wells and private septic/ leachfield systems. In these areas, such as Capay Valley, the Hardwoods in Dunnigan, and Patwin Road in Davis, the Rural Residential (RR-2) or Residential Low Density (R-L) zoning regulations include a B overlay zone that sets a minimum parcel size of two (2) acres for purposes of creating new lots and issuing building permits for homes. (Ord. 1445, eff. August 14, 2014, as amended by Ord. 1453, eff. April 9, 2015; as amended by § 3, Ord. 1486, eff. March 23, 2017; as amended by § 2, Ord. 1490, eff. August 17, 2017; as amended by § 2, Ord. 1497, eff. June 7, 2018)

In contrast to the other zone districts, a detailed Use Classification System has not been employed to identify uses allowed in the S-P, PD, and the eight (8) overlay zones. Instead, allowed and permitted uses are defined based on the Use Types that have already been established for base zones in the previous articles of this chapter.

Rather than repeat the individual examples of specific uses that are classified within the various Use Types for agricultural, residential, commercial, industrial, and open space uses, the following tables simply refer back to the broad Use Type categories and applicable development standards identified in the previous articles of the zoning ordinance.

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

The following Tables 8-2.905-1 and 8-2.905-2 lists the permit requirements for examples of each Use Type in each zoning district. Examples of Use Types are defined as "principal," "ancillary," or "accessory" uses which are allowed "by right" (with issuance of only 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. Note that the tables do not include permit requirements for the Tribal Trust Overlay (TT-O) zone, since these lands are not subject to the zoning jurisdiction of Yolo County. Additionally, as already noted above, the tables do not include the Agricultural District Overlay (AD-O) zone, since the regulations for the one AD-O zone that has been adopted for the Clarksburg area, are included in Section 8-2.401 in Article 4 of this chapter. The tables also do not include permit requirements for the Special Building (B) overlay zone, since that overlay zone only affects minimum parcel size, not permitted uses.

Table 8-2.905-1

Allowed Land Uses and Permit Requirements for S-P, PD, and NH-O Zones

• 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.

Notes:

(1) In the S-P zones, permit requirements in this table are for interim uses allowed prior to adoption of a Specific Plan, after which all proposed uses and permit requirements must be consistent with the adopted plan. See Sec. 8- 2.906(c).

(2) Additional requirements for a rezoning to a PD zone are included in Sec. 8-2.906(a). For PD zones, permit

requirements in this table are for interim agricultural uses allowed prior to urban development or completion of urban development. All proposed non-agricultural uses and permit requirements must be consistent with the individual adopted PD regulations. See Sec. 8-2.906(c).

(3) In the NH-O zones, prior to adoption of a Natural Heritage Plan, agricultural uses are allowed according to the underlying base zone. After adoption of a Natural Heritage Plan, all proposed uses and permit requirements must be consistent with the adopted plan.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1490, eff. August 17, 2017)

Table 8-2.905-2

Allowed Land Uses and Permit Requirements for DP-O, SG-O and SGR-O, and A-O Overlay Zones

• 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.

Notes:

(1) See Sec. 8-2.906(f). All uses must be consistent with the Land Use and Resource Management Plan adopted by the Delta Protection Commission.

(2) See Sec. 8-2.906(g). All uses must be consistent with the Cache Creek Specific Plan and associated policies and regulations. Also see Sec. 8-2.906(f) and Title 10.

(3) See Sec. 8-2.906(h). All uses must be consistent with the Comprehensive Land Use Plans (CLUPs) for the County Airport, Watts-Woodland, or Borges Airports. California Public Utilities Code Section 21659 governs the allowable height of structures and vegetation in the A-O zone.

(Ord. 1445, eff. August 14, 2014; as amended by § 11, Ord. 1466, eff. March 24, 2016)

The following specific use requirements may be applicable to some of the specific uses or zones identified in the previous Tables 8-2.905-1 and 8-2.905-2, and shall be applied to any issued building permits, Site Plan Review, or Use Permit for uses in the specific plan and overlay zones.

• (a) Planned Development (PD) overlay zone requirements.

(1) The Planned Development overlay zone is to be applied to parcels for which detailed written development plans have been submitted and are approved concurrent with the rezoning to a specific PD. The minimum size for a proposed PD zone shall be two (2) acres.

(2) Principal uses permitted in a PD overlay zone shall be any uses or combination of uses which are so arranged and/or designed as to result in an overall development which is found to be in general conformity with the standards, regulations, intent, and purposes of the General Plan and the associated zoning district, e.g., R-L or C-G.

(3) All uses in an approved PD overlay zone shall conform to the height, lot, yard, and area regulations normally required for such uses in the associated base zone district, except where the total development will be improved by a deviation from such regulations. In any event, each subsequent structure approved shall conform to the precise development plan which is a part of the approved PD rezoning and associated regulations.

(4) In addition to the general application requirements identified in Sec. 8-2.209 of this chapter, the following materials shall be submitted when making an application for a Planned Development overlay rezoning:

(i) An ordinance that includes a detailed set of development standards which govern development within the zone, including the requirement of the approval of detailed Site Plans or Use Permits by the Director, the Zoning Administrator, or the Planning Commission prior to the commencement of construction. Such standards may regulate the density, placement, setbacks, height, advertising signs, parking, and similar aspects of development within the zone. Such ordinance may be submitted by the applicant or by the Director. All development in the overlay zone shall be consistent with, and governed by, such standards, once approved.

(ii) The proposed access, traffic and pedestrian ways, easements, and lot design;

(iii) The areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasipublic buildings, and other such uses;

(iv) The areas proposed for commercial uses, off-street parking, multiple-family and single family dwellings, and all other uses proposed to be established within the zone;

(v) The proposed locations of buildings on the land, including all dimensions necessary to indicate the size of structures, setbacks, and yard areas;

(vi) The proposed landscaping, fencing, and screening; and

(vii) Detailed elevation drawings; construction, improvement, utility, and drainage plans; and any other information the Director deems necessary to adequately consider the proposed development.

(5) When land has been rezoned to a PD overlay, it shall be designated on the official zoning maps by an identifying serial number following the symbol "PD-." Such identifying serial numbers shall refer to the precise plans and detailed written development standards or regulations which apply to the numbered Planned Development zone.

(b) Special Building (B) overlay zone requirements. The Special Building ("B") overlay zone is applied to areas zoned for development that rely on private wells and private septic/leachfield systems. In these areas, such as Capay Valley, the Hardwoods in Dunnigan, and Patwin Road in Davis, the existing Rural Residential (RR-2) or Residential Low Density (R-L) zoning regulations include a "B" overlay zone that sets a minimum parcel size of two (2) acres for purposes of creating new lots and issuing building permits for homes. The two (2) acre minimum parcel size to build a house does not apply to existing lots, only newly created lots. The two (2) acre minimum parcel size for newly created rural lots is represented by a "B87" overlay zone (the figure 87 refers to the two (2) acre minimum parcel size measured in thousands of square feet).

(c) Interim agricultural uses in the S-P, PD, and NH-O zones.

(1) In the S-P, PD, and NH-O zones a range of agricultural uses is allowed as interim uses until a Specific Plan or Natural Heritage Plan is adopted, or until an existing PD zone is developed with urban uses, provided that the interim agricultural use is consistent with any underlying base zone. In the interim, capital intensive agricultural uses such as processing facilities, animal facilities uses, large accessory structures, and agricultural commercial, rural recreation, and agricultural industrial uses are prohibited in the PD zones, and are discouraged in the S-P zones, unless the findings in subsection (2), below, can be made.

(2) Capital intensive agricultural uses such as processing facilities, animal facilities uses, large accessory structures, and agricultural commercial, rural recreation, and agricultural industrial uses may be permitted in the S-P and NH-O zones, prior to adoption of a Specific Plan or Natural Heritage Plan, through the issuance of a Minor Use Permit, provided that the interim agricultural use is consistent with any underlying base zone and provided the Zoning Administrator can make the following findings based on evidence in the record:

(i) Approval of the project will not significantly hinder the adoption of a future Specific Plan or create an insurmountable obstacle to urban development of the future planned land uses on the parcel or parcels; or

(ii) Approval of the project is consistent with the goals and policies of an adopted or pending Natural Heritage Plan.

(d) Residential, group/home and child care uses in the PD and S-P zones.

(1) In existing but not fully developed PD zones one (1) rural residence is allowed per undeveloped rural parcel as an interim use only, excluding undeveloped lots in an approved but incomplete subdivision. All other proposed residential uses in a PD zone must be consistent with the permit requirements, densities, and other applicable development standards of the specific adopted PD ordinance for the project.

(2) In vacant or underdeveloped SP zones one (1) rural residence is allowed per undeveloped rural parcel as an interim use only. Accessory structures and all other proposed residential uses in a SP zone, including group/home or child care uses must be consistent with the permit requirements, densities, and other applicable development standards of the underlying base zone, or for any agricultural zone if there is no underlying base zone.

(e) Commercial, industrial, and public and open space uses in the S-P, PD, and NH-O zones.

(1) In the S-P and PD zones commercial, industrial, and public and open space uses are prohibited as interim uses prior to the adoption of a Specific Plan or completion of a PD project. All proposed commercial, industrial, and public and open space uses shall be consistent with the adopted Specific Plan and/or PD zoning.

(2) In the NH-O zones commercial, industrial, and public and open space uses are permitted provided that the use is consistent with the underlying base zone, and provided that the project is consistent with the goals and policies of an adopted or pending Natural Heritage Plan.

(f) Commercial, industrial, and public and open space uses in the DP-O, SG-O/SGR-O, and A-O zones.

(1) In the DP-O zone, which is the State-designated "primary zone" of the Sacramento-San Joaquin Delta, all proposed uses and permit requirements must be consistent with the regulations for the underlying base zone district and with the policies of the Land Use and Resource Management Plan adopted by the Delta Protection Commission. (2) In the SG-O and the SGR-O zones, which are the State-designated "mineral resource area" (MRZ-2) along Cache Creek, all proposed uses and permit requirements must be consistent with the regulations for the underlying base zone district and with Section 8-2.906(g), below.

(3) Commercial mining is prohibited in, and adjoining, Putah Creek.

(4) In the A-O zone, which is the designated “airport runway protection zone” around the County Airport, all proposed uses and permit requirements must be consistent with the regulations for the underlying base zone district and with the Comprehensive Land Use Plan (CLUP) for the County Airport. The height of structures and vegetation shall comply with California Public Utilities Code Section 21659. The Airport Overlay Zone will provide an effective and efficient means for notifying current and future landowners of the potential nuisances associated with the County Airport.

(5) In the A-O zone, discretionary applications that propose the following uses shall be subject to a CLUP consistency analysis:

(i) Uses that would cause electrical interference with aircraft operation or instrumentation, including: electrical and electronic equipment; industrial, commercial, and computer equipment; radio, TV, and telephone; electrical and natural gas generation and switching; and

(ii) Uses that would include a water area that may cause ground fog or result in a bird hazard, including: water and sewer treatment plants, sanitary landfills, recycling and transfer, and hazardous materials facilities; open space and natural areas; natural water areas; row and field crops, tree crops, nursery products; intensive livestock, poultry, pasture and grazing; animal services; mining and quarrying.

• (g) All uses in the SG-O and SGR-O zones.

(1) The Sand and Gravel Overlay zone (SG-O) is intended to be combined with the A-N and A-X zones within the boundaries of the Cache Creek Off-Channel Mining Plan, as defined by Chapter 4 of Title 10 of this Code, so as to indicate land areas in which surface mining operations may be conducted.

(2) The Sand and Gravel Reserve Overlay zone (SGR-O) is intended to be combined with the A-N and A-X Zones located within the boundaries of the Off-Channel Mining Plan as defined by Chapter 4 of Title 10 of this Code, so as to indicate land areas in which future surface mining operations shall be considered after 2026. The SGR Overlay is an indication to surrounding property owners and lead agencies of areas that are targeted by the County for future extraction after 2026. No commercial surface mining operations shall be conducted on lands classified with the SGR Zone. Commercial surface mining operations shall only be permitted in accordance with the requirements of Chapter 4 of Title 10 of this Code.

(3) No use permit for commercial surface mining operations shall be issued for any land which is not zoned A- N/SG-O or A-X/SG-O pursuant to this section. All mining permits for lands zoned SG-O shall be issued in accordance with the requirements of Chapters 4 and 5 of Title 10 of this Code.

(4) Land uses incompatible with commercial surface mining operations shall be discouraged on properties adjoining land within the SGR-O zone. Potentially incompatible land uses include high-density residential development, low-density residential development with high unit value, public facilities, and intensive industrial and commercial uses. Future plans and permit approvals for properties adjoining land within the SGR-O zone shall assess the compatibility of the proposed use with surface mining operations and provide mitigation to reduce potential areas of conflict, if appropriate.

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

(i) 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 § 11, Ord. 1466, eff. March 24, 2016; as amended by § 2, Ord. 1490, eff. August 17, 2017; as amended by § 2, Ord. 1497, eff. June 7, 2018)

See definitions of Use Types and specific examples of uses in Articles 3, 5, 6, 7, and 8. (Ord. 1445, eff. August 14, 2014)