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Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board review the options offered and provide direction to staff on Resolution of Intention 009-2026 to initiate the process to propose amendments to Title 130 of the El Dorado County Code, Zoning Ordinance, and the Land Use and Housing Elements of the El Dorado County General Plan to rezone two (2) parcels owned by Mr. Kurt Dickson (Assessor’s Parcel Numbers [APNs]: 329-221-032 and 329-221-034).
(District 3)
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
In 2021, Mr. Kurt Dickson inquired about a rezone and General Plan amendment of his two (2) parcels (APNs 329-221-032 and 329-221-034) to allow for single-family dwellings. Mr. Dickson’s parcels are in the community of El Dorado off Pleasant Valley Road north of the intersection of North and Missouri Streets. APN 329-221-032 is 1.2 acres in size and APN 329-221-034 is 2.2 acres in size. The parcels are non-contiguous and there is a 1.2-acre parcel in between them that is developed with a single-family home. Mr. Dickson would like to develop each of the parcels with a single-family home, however the current General Plan land use designation (Multifamily Residential) and zoning (Multi-unit Residential) do not allow for the low density proposed. Mr. Dickson believes that the parcels cannot support a multi-family project due to the existing infrastructure and narrow roads surrounding the properties. The parcels are identified in the County’s current vacant lands inventory to meet County’s Regional Housing Needs Assessment (RHNA) for very low and low-income housing units.
Staff reviewed Mr. Dickson’s request and determined that a rezone and General Plan amendment was not appropriate after reviewing County and State requirements and considerations. In 2023, the Board agreed with staff’s determination and directed staff to not include Mr. Dickson’s rezone and General Plan amendment request as a County project. In 2025, this request was again considered by the Board. Staff’s recommendation remained unchanged, however, the Board requested staff to return to the Board with an ROI to review these parcels for possible rezone. Staff are requesting the Board review the options below and provide direction to staff on the ROI to potentially initiate the rezone and General Plan amendment process.
There are several issues with processing a rezone and General Plan amendment for Mr. Dickson’s parcels. First, downzoning the parcels from Multi-unit Residential to a residential zone allowing single-family development likely conflicts with Housing Element State law, No Net Loss provisions of State law, the County’s General Plan Land Use and Housing Elements, and the County’s Zoning Ordinance. Second, there were no mapping errors or inconsistencies in the County’s Targeted General Plan Amendment and Zoning Ordinance Update (TGPA-ZOU) with respect to the parcels because the nearby parcels are zoned similarly, and the TGPA-ZOU did not change the land use designation. As part of the TGPA-ZOU, the County consolidated Limited Multifamily Residential zoning (R2) with Multi-family Residential zoning, creating the Multi-unit Residential zone which was allowed to be developed at a minimum density of 5 units/acre with the intent to allow more multifamily development (established for Multifamily Residential zoned parcels in 2004 with the adoption of the County’s General Plan). The TGPA-ZOU modified what can be built on the two (2) parcels. Prior to the TGPA-ZOU, for example, the multifamily zoning allowed for development of a single home, like the 1.2-acre parcel between Mr. Dickson’s two (2) parcels. Third, the County does not generally initiate customer requested rezone and General Plan amendments without an identified County mapping error, inconsistency, or other inaccuracy, and requires applicants to submit and pay for the processing of a project application.
The initial step in amending the Zoning Ordinance is the adoption of the ROI, as required by Section 130.63.020 (Ordinance Amendments and Zone Change Applications) of the Zoning Ordinance. Section 130.63.020, with respect to the ROI, allows the Board to weigh-in before the County commits significant resources to a proposed amendment. Following the adoption of an ROI and the completion of environmental review and noticing, the Planning Commission holds a public hearing and makes a report on its findings and a recommendation to the Board on the proposed text or zone change pursuant to Section 130.63.020.
Following possible adoption of this ROI, staff will complete public review drafts of the proposed amendments to the Zoning Ordinance and General Plan and proceed with the necessary noticing and environmental review. The proposed amendments to the Zoning Ordinance and General Plan will then be considered for approval and possible recommendation by the Planning Commission to the Board during noticed and scheduled public hearings, where public comment will also be received.
ALTERNATIVES
The Board may choose to approve and adopt ROI xxx-2026 to initiate the rezone and General Plan amendment of the parcels. This will, however, potentially conflict with State and County law and policy as described above. Given the scope of this project, staff would also need to reprioritize and potentially delay other Board-directed Long Range Planning Unit projects currently in progress or planned within the next 12-18 months.
The Board may also choose not to approve and adopt ROI xxx-2026. In that case, the Board could direct staff to work with Mr. Dickson on a project submission. Staff would assist with review and suggestions on a project application either for a potential phased development as previously discussed or explore other possible solutions, such as a variance or waiver in light of the physical conditions associated with the two (2) parcels.
PRIOR BOARD ACTION
On June 13, 2023 (Legistar file 23-1059), the Board endorsed the Long Range Planning Work Plan but provided direction not to include Mr. Dickson’s rezone and General Plan amendment in the Work Plan.
On May 13, 2025 (Legistar file 25-0373), the Board directed staff to return to the Board with an ROI to review these parcels for possible rezone.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION
Provide direction to staff, as requested. Should the Board approve the Resolution of Intention, it is recommended that the Planning and Building Department produce a memo to the Board regarding how it plans to reprioritize its workload.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff time associated with the proposed Zoning Ordinance and General Plan Amendments is part of the Fiscal Year (FY) 2025-26 Budget. Funding beyond FY 25-26, if needed, will be included in subsequent budgets accordingly.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair’s signature on one (1) original copy of the ROI.
2) Clerk of the Board will forward two (2) certified copies of the fully executed ROI to Planning and Building Department, attention Christopher Smith, Planning Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Thea Graybill, Planning Manager for Long Range Planning
Planning and Building Department