File #: 2023-1389   
Type: Regular Calendar Item Status: Agenda Ready
File created: 11/1/2023 In control: Permit and Resource Management
On agenda: 12/5/2023 Final action:
Title: 1:45 P.M. -ZCE21-0012 - Zone Change to remove the Z (Accessory Dwelling Unit Exclusion) Combining District at 2150 W. Dry Creek Road (APN 089-190-034)
Department or Agency Name(s): Permit and Resource Management
Attachments: 1. ZCE21-0012 Summary.pdf, 2. Att 1 ZCE21-0012 Ordinance.pdf, 3. Att 2 ZCE21-0012 Sectional District Map.pdf, 4. Att 3 ZCE21-0012 Planning Commission Resolution.pdf, 5. Att 4 ZCE21-0012 Planning Commission Staff Report.pdf, 6. Att 5 ZCE21-0012 Project Proposal Statement.pdf, 7. Att 6 ZCE21-0012 Vicinity Map.pdf, 8. Att 7 ZCE21-0012 Site Plan.pdf, 9. Att 8 ZCE21-0012 Fire Hazard Severity Zone Map.pdf, 10. Att 9 ZCE21-0012 Email from Fire Marshall Mosiurchak.pdf, 11. Att 10 ZCE21-0012 Staff PowerPoint BOS.pdf

To: Sonoma County Board of Supervisors

Department or Agency Name(s): Permit and Resource Management Department

Staff Name and Phone Number: Peter Kaljian, Project Planner (707) 565-1753

Vote Requirement: Majority

Supervisorial District(s): Fourth

 

Title:

Title

1:45 P.M. -ZCE21-0012 - Zone Change to remove the Z (Accessory Dwelling Unit Exclusion) Combining District at 2150 W. Dry Creek Road (APN 089-190-034)

 

End

Recommended Action:

Recommended action

Permit Sonoma recommends that the Board of Supervisors hold a public hearing and adopt an Ordinance finding the project exempt from the California Environmental Quality Act and approving a Zone Change to remove the Z (Accessory Dwelling Unit Exclusion) Combining District for the project site at 2150 W. Dry Creek Road.  (Fourth District)

end

 

Executive Summary:

The applicant, Munselle Civil Engineering, has applied to rezone the subject parcel to have the Z (Accessory Dwelling Unit (ADU) Exclusion) Combining District removed from the subject 3.41-acre property currently zoned LIA (Land intensive Agriculture) with the Z Combining District. The removal of the Z Combining District would allow an ADU to be developed on the property in the future.

 

The Planning Commission held a public hearing for the project on January 19, 2023, and adopted a Resolution (Attachment 3), finding the project exempt from the California Environmental Quality Act and recommending that the Board of Supervisors adopt an ordinance (Attachment 1) to approve a Zone Change to remove the Z Combining District from the subject parcel.

 

Discussion:

Project Site and Context

The project site is 3.41 acres and is located on the west side of Dry Creek, between the creek and West Dry Creek Road, approximately 1.3 miles west of Healdsburg. The parcel contains 1.9 acres of wine grapes and is currently developed with a 1,227 sq ft single-family dwelling. The parcel is served by an existing well and septic system.

The site is zoned as being within two Riparian Corridors. Any future application for an ADU or other construction, would be subject to the Riparian Corridor ordinance setbacks and further review at the time of application.

General Plan and Zoning Discussion

The Z combining district was applied to the subject property during the implementation of the 1989 General Plan, when many properties formerly designated Agriculture Exclusive were re-designated Land Intensive Agriculture (LIA) and zoned LIA Z. In 2019, the Board adopted Ordinance No. 6285, which removed the “Z” Accessory Dwelling Unit Exclusion Combining District from approximately 1,924 specified parcels located in the LIA, LEA, and DA zoning districts countywide that met screening criteria related to fire hazard zones, biotic habitat, groundwater, traffic, and Land Conservation Contracts. The subject parcel was classified as being in a High Fire Hazard Area at that time, so it was not in the scope of that county-led effort.

General Plan Housing Policy HE-5g: is “to continue to encourage the retention and further construction of small rental units such as accessory dwelling units…”. The proposal to remove the Z (Accessory Dwelling Unit Exclusion) Combining District is recommended because the project provides potential housing and addresses the following zoning restrictions:

a)                     Areas where there is an inadequate supply of water for drinking or firefighting purposes.

The parcel is located primarily within a Class 1 major groundwater basin. The applicant provided a dry-weather well yield test confirming there is sufficient groundwater to serve the site, including the existing residence and future ADU.

b)                     Areas where there are inadequate sewer services or danger of groundwater contamination.

The property has been issued a permit for a 6 (six) bedroom standard septic system under which would meet the demand for the current 2 (two) bedroom house to be converted to an ADU and a new primary residence. There are no known groundwater contamination issues on this site or within the immediate vicinity.

c)                     Areas where the addition of second units would contribute to existing traffic hazards or increase the burden on heavily impacted streets, roads, or highways.

The project site is in a rural low-density area where the addition of an ADU would not create traffic hazards or increase the burden on surrounding roadways.

d)                     Areas where, because of topography, access, or vegetation, there is a significant fire hazard.

In 2019 the property was identified by the GIS mapping tool to be in a high fire hazard area of local responsibility. The site was later removed from the high and moderate fire hazard areas, however, has now been redesignated as within a High Fire Hazard Area of local responsibility.  The County Fire Marshall has reviewed the request and determined that the construction of a new residence or ADU would not create a significant fire hazard on the property due to topography, access, or vegetation (Exhibit 9).  Future building permits would be required to ensure compliance with Fire Safe standards for new development, including access, water supply, property line setbacks, construction techniques, and defensible space.

The subject property does not meet the criteria to allow for additional development of a new agricultural employee dwelling unit.  Additional details on the project are available in the attached Planning Commission Staff Report dated January 19, 2023 (Attachment 4).

Strategic Plan:

Not Applicable

 

Prior Board Actions:

Not Applicable

 

Fiscal Summary

Narrative Explanation of Fiscal Impacts:

No Fiscal Impact

 

Narrative Explanation of Staffing Impacts (If Required):

Not Applicable

 

Attachments:

Att 1                     Ordinance

Att 2                     Sectional District Map

Att 3                     Planning Commission Resolution

Att 4                     Planning Commission Staff Report

Att 5                     Application Proposal Statement

Att 6                     Application Vicinity Map

Att 7                     Site Plan

Att 8                     Fire Hazard Severity Zone Map

Att 9                     Email from Fire Marshall Mosiurchak

Att 10                     Staff PowerPoint

 

Related Items “On File” with the Clerk of the Board:

None