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Planning and Building Department, Planning Services Division, Long Range Planning Unit, recommending the Board approve and authorize the Chair to sign Resolution of Intention 002-2025 to initiate the process to propose minor amendments to Title 130 of the El Dorado County Code - Zoning Ordinance, as needed.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
On December 15, 2015, (Legistar file 11-0356) the Board of Supervisors adopted a comprehensive update of the Zoning Ordinance, which became effective on January 15, 2016. After several years of implementing the 2015 Zoning Ordinance Update, there is a need to address minor changes and text modifications for clarity; correct errors, ambiguity, or omissions; ensure consistency; address minor procedural changes that are not controversial or clarify standard industry practice; amend state law requirements that allow or restrict by right uses; incorporate Director Interpretations of various sections of Zoning Ordinance that have not been appealed; consolidate or renumber previously adopted zoning regulations included in the 2015 Zoning Ordinance Update; and incorporate implementation measures outlined in elements of the General Plan.
The first step in amending the Zoning Ordinance is the adoption of the Resolution of Intention (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, is to allow 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.
For timelier and more efficient processing, staff would like to bring minor Zoning Ordinance amendments annually, or as needed. Therefore, this request includes adoption of a programmatic Resolution of Intention to allow for ongoing minor amendments to the Zoning Ordinance. Planning staff will prioritize and group necessary minor Zoning Ordinance amendments and bring bundled amendments to the Director of the Planning and Building Department to ensure that the proposed amendments are minor. Staff will then complete public review drafts of the proposed minor amendments to the Zoning Ordinance and proceed with the preparation of all necessary noticing and environmental review as required by the California Environmental Quality Act. Following preparation of the environmental documents, the proposed minor amendments to the Zoning Ordinance will be considered for approval and possible recommendation by the Planning Commission to the Board of Supervisors during noticed and scheduled public hearings, where public comment will also be received.
ALTERNATIVES
The Board may choose to not approve and adopt ROI xxx-2025 to amend the Zoning Ordinance. This will result in no text modifications, updates for consistency with state law, incorporation of Director Interpretations, and other minor changes needed.
PRIOR BOARD ACTION
On March 17, 2020 (Legistar file 20-0326), the Board approved and endorsed the Planning and Building Department, Long Range Planning (LRP), Project Prioritization Matrix for Fiscal Year (FY) 2020-21, which included Zoning Ordinance Updates, other code sections than the Major Zoning Ordinance Updates for Communication Facilities, Signs, Oak Resources Conservation and Electric Vehicle Charging Stations. These other/minor Zoning Ordinance Updates were included inn the following subsequent LRP Work Plans: 4/13/2021, Legistar file 21-0502; 6/28/2022, Legistar file 22-1101; 6/13/23, Legistar file 23-1059; and 7/30/24, Legistar file. 24-1332.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION
Approve as recommended.
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 Minor Amendments has been included in the FY 2024-25 Budget. Funding beyond FY 24-25, 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, Acting Planning Manager for Long Range Planning
Planning and Building Department
Rob Peters, Deputy Director of Planning
Planning and Building Department