File #: 20-1037    Version:
Type: Agenda Item Status: Approved
File created: 7/31/2020 In control: Board of Supervisors
On agenda: 9/1/2020 Final action: 9/1/2020
Title: HEARING - Planning and Building Department, Planning Services Division staff recommending the Board of Supervisors (Board): 1) Approve the California Environmental Quality Act (CEQA) Addendum to the Targeted General Plan Amendment/Zoning Ordinance Update (TGPA/ZOU) Environmental Impact Report (EIR) consistent with Sections 15162 and 15164 of the CEQA Guidelines (Legistar File 20-1037, Attachment B C); 2) Consider recommended additional modifications to Title 130 (Zoning) and Title 120 (Subdivisions) of the El Dorado County Ordinance Code from the Planning Commission made during the Planning Commission hearing on July 9, 2020; 3) Adopt an Ordinance for Title 130 (Zoning) Amendments of the El Dorado County Ordinance Code, incorporating additional modifications proposed by the Planning Commission and recommended by the Board (Legistar File 20-1037, Attachment C 2C); and 4) Adopt an Ordinance for Title 120 (Subdivisions) Amendments of the El Dorado County Ordinance Code, incorporating...
Attachments: 1. Proof of Publication - Tahoe Daily Tribune Summary Ord 5127 and 5128, 2. Summary of proposed Ordinance 5127, 3. Proof of Publication - Tahoe Daily Tribune, 4. 2A - Staff Memo, 5. 2B - Approved County Counsel Blue Route Title 130 Ordinance, 6. 2C - Revised Title 130 Ordinance Clean, 7. 2D - Title 130 Ordinance BOS Edits Highlighted, 8. A - Staff Memo, 9. A - Revised Staff Memo BOS Rcvd 8-25-2020, 10. B - Approved County Counsel Blue Route CEQA Addendum, 11. C - CEQA Addendum, 12. D - Title 130 Ordinance, 13. E - Title 120 Ordinance, 14. F - Planning Commission 07-09-20 Draft Minutes, 15. G - Presentation, 16. Public Comment BOS Rcvd 8-24-20, 17. Public Comment Reposted 8-21-20, 18. CORRECTED Proof of Publication-Mt. Democrat, 19. CORRECTED Proof of Publication-Tahoe Daily Tribune, 20. CORRECTED Proof of Publication-Georgetown Gazette, 21. Proof of Publication-Mt. Democrat, 22. Proof of Publication-Tahoe Daily Tribune, 23. Proof of Publication-Georgetown Gazette, 24. Summary Ordinance-Proof of Publication-Mt. Democrat, 25. Summary Ordinance Proof of Publication - Tahoe Daily Tribune, 26. Summary Ordinance-Proof of Publication-Georgetown Gazette, 27. Post Passage Notice of Ordinances-Proof of Publication-Mt. Democrat, 28. Executed Ordinance 5127, 29. Executed Ordinance 5128, 30. Summary Ordinance Proof of Publication Mountain Democrat, 31. FILED Notice of Determination
Related files: 20-0829

Title

HEARING - Planning and Building Department, Planning Services Division staff recommending the Board of Supervisors (Board):

1) Approve the California Environmental Quality Act (CEQA) Addendum to the Targeted General Plan Amendment/Zoning Ordinance Update (TGPA/ZOU) Environmental Impact Report (EIR) consistent with Sections 15162 and 15164 of the CEQA Guidelines (Legistar File 20-1037, Attachment B C);

2) Consider recommended additional modifications to Title 130 (Zoning) and Title 120 (Subdivisions) of the El Dorado County Ordinance Code from the Planning Commission made during the  Planning Commission hearing on July 9, 2020;

3) Adopt an Ordinance for Title 130 (Zoning) Amendments of the El Dorado County Ordinance Code, incorporating additional modifications proposed by the Planning Commission and recommended by the Board (Legistar File 20-1037, Attachment C 2C); and

4) Adopt an Ordinance for Title 120 (Subdivisions) Amendments of the El Dorado County Ordinance Code, incorporating additional modifications proposed by the Planning Commission and recommended by the Board (Legistar File 20-1037, Attachment D E). (Cont. 8/25/2020, Item 43)

 

FUNDING:  N/A

Body

DISCUSSION / BACKGROUND

On July 9, 2020, Planning staff presented the Title 130 Zoning Ordinance Major Amendments (OR17-0002) project to the Planning Commission (Item 3, Legistar File 20-0829). The Planning Commission hearing discussion focused on the proposed new Drive-Through Facilities zoning regulations, and amendments to the Public Notice Requirements and Procedures. Two El Dorado County residents spoke during the public comment period. One speaker requested cannabis setback consistency with the winery section of the Zoning Ordinance, and the other speaker asked for clarification on the proposed project as to why certain rezone components were removed from the project. Following closure of deliberation and public comments, Commissioner Williams made a motion, with a second by Commissioner Miller. The Planning Commission motion (5-0 vote) approved staff’s recommended actions with additional recommendations provided by the Planning Commission for the Board’s consideration. The full recommendation from the Planning Commission is summarized in the Planning Commission meeting minutes from July 9, 2020.

 

ALTERNATIVES

The Board may elect to approve the project with changes; continue the item to a date certain for additional information and future action; continue the item off-calendar, which would require a new public notice for future consideration and action; or deny the project.

 

PRIOR BOARD ACTION

On September 12, 2017, the Board adopted two Resolutions of Intention (ROIs) to initiate the proposed amendments to Title 130 (Zoning Ordinance): ROI 139-2017 for minor amendments and ROI 140-2017 for major amendments that required further environmental impact analysis (Legistar File 17-0901).

 

On August 14, 2018, the Board adopted the Title 130 Zoning Ordinance Minor Amendments (Ordinance No. 5090) and a separate rezone ordinance (Ordinance No. 5088) to correct 11 parcel-specific errors on the adopted Zoning Map (Legistar File 18-0942). The Title 130 Zoning Ordinance Major Amendments became effective on September 13, 2018.

 

On August 6, 2019, the Board held a public hearing to consider the recommendation of the Planning Commission on GPA19-0001/Z19-0003, executed Resolution 126-2019 for the GPA19-0001, and adopted Ordinance 5106 to correct the 25 parcel-specific mapping errors on the adopted Zoning Map (Legistar File 19-1149). The Z19-0003 parcel rezone became effective September 6, 2019.

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel, Department of Transportation

 

FINANCIAL IMPACT

N/A

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

1) Clerk to obtain Chair’s signature on the original copies of the Ordinances.

2) Clerk to forward one (1) fully executed copy of each Ordinance to the Planning and Building Department, Planning Services, attention of Julie Saylor, Clerk of the Planning Commission.

 

STRATEGIC PLAN COMPONENT

Good Governance.  Recommendations are based on a thorough assessment of the best available information resulting in a well-informed decision that the proposed amendments to Title 130 and Title 120 address issues identified during implementation of the comprehensive Zoning Ordinance Update (ZOU) adopted by the Board of Supervisors on December 15, 2015.

 

Economic Development. Recommendation would expand the allowable uses within the commercial and/or industrial zones, expand the allowable uses within the agricultural zones, and improve the public noticing requirements by formatting the requirements into tables for added transparency.

 

CONTACT

Tiffany Schmid, Director

Planning and Building Department