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File #: 12-0837    Version:
Type: Agenda Item Status: Department Matters
File created: In control: Board of Supervisors
On agenda: 2/5/2013 Final action: 2/5/2013
Title: Chief Administrative Office recommending the Board receive a presentation on the Legal Nonconforming chapter of the Draft Zoning Ordinance; and provide direction regarding the same. (Refer Item No. 40, 12/4/12) (Est. Time: 1.5 Hr.) FUNDING: General Fund.
Attachments: 1. 10A - Nonconforming Use Presentation.pdf, 2. 10B - Item 12-0267 from 12-4-12.pdf, 3. 8A - Comments During NOP2 11-13-12, 4. 8B - Draft Reasonable Accomodation Code 11-13-12, 5. 8C - Draft Project Description 11-13-12, 6. 8D - Draft Project Alternatives 11-13-12, 7. 8E - PowerPoint 11-13-12, 8. 7A - ZOU Power Point Presentation, 9. 7B - Notice of Preparation-Revised-Track Changes, 10. 7C - Proposed TGPA - Track Changes, 11. 7D1 - Revised Draft Zoning Ordinance 9-24-12.pdf, 12. 7D2 - Revised Draft Zoning Ordinance wTRACK CHANGES 9-24-12.pdf, 13. 7E - Draft Zoning Map Consistency Table, 14. 6A - ZOU Staff Report.pdf, 15. 6B - ZOU BOS PPT 9-18-12.pdf, 16. 6C - Letter rcvd from S. Meade 9-18-12.pdf, 17. 5A - LUPPU_PowerPoint 8-20-12.pdf, 18. 5B-Project Check List.v3.0 - 8-20-12.pdf, 19. 4A - Zoning Map Criteria May 25 2012.pdf, 20. 4B - Zoning Map Consistency Table.pdf, 21. 4C - Public Comment V. Zentner 7-20-12.pdf, 22. 4D - Public Comment T. McCann email 7-20-12.pdf, 23. 4E - Public Comment 12-0837.4E attached 7-30-12.pdf, 24. 4F- Public Comments compiled by Dist. III.pdf, 25. 4G - Presentation submitted by T. Knowlton 7-16-2012.pdf, 26. 3A - ZOU Workshop Power Point.pdf, 27. 2A - Comment Letter 12-0837 7-18-12.pdf, 28. 2B - ZOU Workshop Power Point 7-18-12.pdf, 29. 2C - Public Comment T. McCann 7-18-2012.pdf, 30. 2D - Public Comment T. McCann 7-18-12.pdf, 31. A - ZOU Workshop Agenda - Draft, 32. B - Staff Report, 33. C - Resolutions of Intention, 34. D - Notice of Preparation (NOP), 35. E - Public Review Draft Zoning Ordinance (PRD), 36. F - Planning Commision Minutes 06-28-12 Draft, 37. G - Comments During NOP, 38. H - Sweeney Memo 7-12-12, 39. I - Comments During NOP - From Web Form, 40. J - Public Comment 12-0837 7-17-12.pdf, 41. K - ZOU Workshop Power Point 7-16-12.pdf, 42. L - Public Comment - T. McCann 7-16-12.pdf
Related files: 11-0356
Chief Administrative Office recommending the Board receive a presentation on the Legal Nonconforming chapter of the Draft Zoning Ordinance; and provide direction regarding the same.  (Refer Item No. 40, 12/4/12) (Est. Time: 1.5 Hr.)
FUNDING:  General Fund.
There is no fiscal impact or change to net County Cost associated with this item.
On November 14, 2011 the Board adopted ROI 182-2011 and directed the Chief Administrator to proceed with the preparation of all necessary documentation and CEQA review requirements for the Targeted General Plan Amendment and Comprehensive Zoning Ordinance Update.
Targeted General Plan Amendment
On April 4, 2011 the Board adopted a Resolution of Intention (ROI 051-2011) for a Targeted General Plan Amendment, a County initiated amendment following findings from the first five-year review of the General Plan. On July 25, 2011, Development Services presented to the Board of Supervisors a list of key issues and options for addressing identified General Plan amendment components discussed on April 4, 2011 as part of the General Plan 5-year review.  The Board directed staff to return with a comprehensive ROI, including previously adopted ROI's to amend the General Plan, and directed staff to included items outlined in the July 25, 2011 Staff Report.
Comprehensive Zoning Ordinance Update
The Zoning Ordinance (Title 17 of the El Dorado County Code) is one of the principal means to implement the General Plan.  Land Use Element Implementation Measure LU-A and several other policies and measures direct the County to update the ordinance, bringing it into conformance with the General Plan and implement several policy directives.  Additionally, the update is intended to improve the functionality of the ordinance and address inconsistencies with state and federal laws.  Numerous public hearings, workshops and community interest group meetings have been held to help inform the update of the Zoning Ordinance.  At each of these hearings, workshops and meetings, staff received directions, recommendations and suggestions, many of which have been incorporated into the draft ordinance.
Reason for Recommendation
Over the course of the last year, the Board has held several discussions regarding the Legal Nonconforming chapter of the Draft Zoning Ordinance, Chapter 17.61.  This chapter deals with existing uses, structures and lots.  On December 4, 2012 as part of the Land Use Policy Programmatic Update, the Board directed staff to return on February 5, 2013 to further discuss issues related to this chapter.
Next Steps
Staff to revise the Draft Ordinance Chapter 17.61 based on Board discussion and direction.
Contact:  Kim Kerr, Assistant Chief Administrative Officer