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Conduct a noticed public hearing to consider General Plan Amendment Application G-23-02 and Rezoning Petition No. Z-23-01 by Chei Chen and Regina Yin for property located at 6319 Pleasants Valley Road (APN 121-180-150 and -160) to change the General Plan land use designation for the Yin Ranch from Agriculture to Parks and Recreation; Rezone the property from Exclusive Agriculture (A-40) to Park (P) District to allow for the future siting of an Asian Pacific Islander Cultural Center and Museum; The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (Common Sense Exemption) and §15301 (Existing Facilities)
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Published Notice Required? Yes _X_ No _ _
Public Hearing Required? Yes _X_ No ___
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Read the proposed ordinance by title only and waive further reading by majority vote;
2. Conduct a noticed public hearing to consider General Plan Amendment Application G-23-02 and Rezoning Petition No. Z-23-01;
3. Adopt a resolution (Attachment A) approving General Plan Amendment Application G-23-02; and
4. Adopt an ordinance (Attachment B) approving Rezoning Petition Z-23-01.
SUMMARY:
Chei Chen and Regina Yin own property located at 6319 Pleasants Valley Road (APN 121-180-150 and -160) known as the Yin Ranch. The existing Yin Ranch includes residential, recreation, and agricultural uses. The Board is being asked to consider a General Plan Amendment to change the property’s land use designation from “Agriculture” to “Park and Recreation.” The Board is also being asked to consider a Rezoning Petition to change the property’s zoning district from “Exclusive Agriculture” (A-40) to “Park” (P) District. The Park and Recreation designation within the Solano County General Plan and the P District designation within Solano County Code Chapter 28 Zoning Regulations are intended to preserve land well suited for recreation, amusement, and other public uses, including the visiting of museums, historical sites, and other cultural facilities.
The General Plan Amendment and Rezoning Petition constitute Phase 1 of a proposal by the Yin family to allow the siting and operation of an Asian Pacific Islander Cultural Center and Museum at the Yin Ranch. The museum is intended to be operated by a non-profit organization in partnership with the State of California. Approving Phase 1 will allow funding to be released by the State to prepare for this transition.
Phase 2 will consist of a Policy Plan Overlay (PPO) zoning district and a conditional use permit (CUP) to allow for the operation of the museum and any other specific uses consistent with the Park and Recreation land use designation. The PPO and CUP are not being considered at this time. The PPO and CUP will require additional environmental review and will be subject to further discretionary approval by the County.
On May 16, 2024, the Planning Commission adopted a Resolution (Attachment E) recommending that the Board approve the General Plan Amendment application and Rezoning Petition.
FINANCIAL IMPACT:
This action has no impact to the County General Fund. The applicant has paid the costs associated with the project. The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2024/25 Working Budget.
DISCUSSION:
Setting
The subject property is 36.32 acres in size and is situated within a predominantly agricultural setting in the Pleasants Valley agricultural area. Surrounding properties are zoned A-40. The property has been previously extensively developed with various uses including private residences, recreational facilities, a man-made lake/pond, vineyard, and orchards. Many of the existing buildings were constructed without building permit approvals. The use of these buildings will require the applicant go through the use permit process and will not be permitted for occupancy until subsequent building permits are approved.
Access to the site is via a shared gated private driveway off Pleasants Valley Road. The site is relatively flat, with mountainous terrain to the west. Approximately 5.5 acres of the existing site is used for agriculture, including vineyards and olive orchards, and will continue to be used as agriculture moving forward. Other portions of the site include expansive manicured turf area. Recreation facilities include, but are not limited to, tennis courts, basketball courts, soccer fields, an outdoor amphitheater, and boat docks on the pond for non-motorized watercraft.
The site is located within a Very High Fire Hazard Severity Zone and within the State Responsibility Area (SRA) of CalFire. A portion of the property and its structures were lost or impacted by the LNU Lightning Complex fires of 2020. Permitting and future occupancy of any structures will require compliance with CalFire requirements.
Project Description
The proposed project intends to eventually allow the site to be utilized by a non-profit organization, in partnership with the State of California, to establish an Asian Pacific Islander Cultural Center and Museum. The project vision includes artifacts to be curated onsite, and the buildings and grounds used for museums, education, recreation, and special events. The 5.5 acres of existing agricultural use will continue.
The proposed museum would be operated by a non-profit organization that serves as a laboratory and curation facility, interpreting California Gold Rush history to educate, understand, and preserve cultural resources for museums, visitors and scholars. The location is centrally located within California and within proximity to many universities, museums, art, and cultural centers.
The Center will meet the United States Code of Federal Standards (36 CFR §79.9) for a curation facility. The Center will provide temporary and permanent storage space for archaeological and art collections. Previously excavated and collected artifacts would be processed, stabilized and interpreted for exhibit onsite and in surrounding museums, universities, and cultural centers. Using modern techniques for preservation and interpretation of artifacts, the center will strive to increase the relevance of Gold Rush history by understanding the historical behavior of early Californians. The Center will have ample space to process existing collections by staff and scholarly visitors. The center will provide educational opportunities for community engagement, increasing access to California’s history.
Project Approval Process
The proposed project will be processed by the County in two phases. Phase 1, which is presently before the Board, is limited to the proposed General Plan Amendment and Rezoning Petition based on existing facilities and is the first step in assisting with establishing future public park and museum uses. No new construction is planned or approved as part of this action.
The site’s current Exclusive Agriculture zoning does not allow museum uses. The existing facilities and proposed public uses appear to most closely align with the County’s P District zoning which is designated to preserve land well suited for recreation, amusement, play, or relaxation. The P District zoning would allow museum uses, as well as public outdoor recreation. The private recreation facilities currently located on the site could be made available to the public in the future. These facilities include, among other things, tennis courts, soccer fields, basketball courts, and a pond area for fishing and boating. In addition, the proposed P District designation will allow the existing agricultural uses to continue. The vineyards produce private label wine and the olive orchard produces olive oil.
As discussed above, the proposed General Plan Amendment and Rezoning will not permit any new construction or use on the site until future approved actions are completed. The applicant will need to apply for a PPO and CUP to permit any new uses on the property, including changes to hours of operation, size of events, and other details subject to the County’s discretionary approval. The PPO and CUP are considered Phase 2 of this project, which will require separate environmental review and Board approval.
Access
The project site is approximately 1,000 feet from Pleasants Valley Road. Several large rural estates surround the property. Access to the site is and will continue to be via a private gated driveway that is located at Pleasants Valley Road and Foothill Drive. The property has an access agreement with adjacent neighbors.
Paved parking is available in areas throughout the site, including in front of the main residence, and a large parking lot is located adjacent to special events buildings in the rear of the property. There is ample area onsite if additional parking is needed.
Infrastructure
The property is currently served by private onsite wells and septic. The applicant is in the process of applying through the State Water Resources Control Board for approval of the existing wells as a public water system. Sewage treatment would be provided by an onsite septic system and depending on the ultimate size of the system, it may become subject to oversight by the State Water Resources Control Board if it exceeds 10,000 gallons a day. Before the site can be permitted for public use, appropriate utility capacity (both water and sewer service) will be evaluated and properly permitted by the County and/or State. Future building permits will not be approved until such evaluation and permitting has been completed.
Pacific Gas and Electric services will be utilized for gas and electricity for the property.
General Plan Consistency
Please see Attachment D for an analysis of both General Plan and Zoning consistency.
Public Outreach
Consistent with the County’s recently adopted Good Neighbor Policy, the applicant held a community meeting on May 8, 2024, which included residences within a half mile of the project and additional interested parties, with approximately 25 people in attendance. Notable concerns and questions expressed by the attendees included traffic issues, availability of adequate utilities, and the process moving forward.
The May 16, 2024 Planning Commission meeting was well attended, with approximately 13 members of the public speaking. Most were in favor of the proposal and supported the future museum and park uses. Approximately three of the commenters expressed that they were neutral regarding the proposal but did have concerns regarding traffic, noise that impacted nearby neighbors during past special events, buildings that were built without permits, and fire safety. The Planning Commission minutes are included as Attachment G. The Planning Commissioners expressed concerns with special events and other activities occurring without the benefit of Use Permits. The applicant and staff discussed that all special event and other activities have been suspended and will continue to be suspended pending final approval of the PPO and CUP. The applicant confirmed that all future scheduled events going forward will be cancelled and this met the Commissioners’ concerns.
Next Steps
As previously stated, much of the existing development on the property was constructed without final approval of building permits. Phase 2 of this project will consist of a PPO and CUP application which will describe and evaluate in detail the proposed specific uses intended to occur on the site, including the museum, and ultimately include review of building permit applications for the intended occupancy of the buildings.
Phase 2 will also potentially allow the site to be used for special events, overnight accommodations, and use of the recreational facilities (picnic areas, tennis courts, fishing pond, etc.) and other educational uses consistent with the Parks and Recreation use designation. The specific uses will require their identification within the PPO and the CUP will provide more specific operational requirements, such as hours of operation, visitor occupancy limits, parking requirements, and provide conditions of approval and measures to reduce potential impacts and ensure that adequate utilities and infrastructure will serve the site. Additionally, Phase 2 will require additional environmental review to analyze the potential impact from the various uses (traffic, air quality, noise, cultural resources, etc.).
Approval of the General Plan Amendment and Rezoning Petition will not authorize any specific uses or allow occupancy of any unpermitted structures.
Environmental Analysis
The action is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(b)(3) (Common Sense Exemption) and §15301 (Existing Structures) because the project consists of the continued operation of existing facilities, there is no expansion of use or new development proposed as part of this project, and the project will not result in any physical changes to the environment.
Public Noticing Requirement
In compliance with §28.04 of the Solano County Code, a public hearing notice was published in both the Daily Republic and the Vacaville Reporter with a scheduled hearing date of July 23, 2024.
ALTERNATIVES:
The Board of Supervisors, upon completion of a public hearing on this matter, may choose to:
1. Continue the public hearing to allow for the collection of additional information required to render a decision. If continued, the Board should identify the date to continue the hearing; or
2. Deny the General Plan Amendment and Rezoning Petition. This is not recommended because the mandatory findings have been made for the General Plan Amendment and Rezoning and Use Permit.
OTHER AGENCY INVOLVEMENT:
On April 26, 2024, County staff met and consulted with the Yoche Dehe Wintun Nation pursuant to tribal consultation requirements under SB 18. While the tribe did not express concerns with the current project, they did wish to be involved in the future permitting at the site.
On May 9, 2024, the Airport Land Use Commission (ALUC) found the proposed project consistent with the Travis Airport Land Use Compatibility Plan.
On May 16, 2024, the Solano County Planning Commission recommended that the Board approve the proposed project.
It is anticipated that other outside agencies will be involved as part of the PPO and CUP application processing, notably the potential for the State Regional Water Quality Control Board for permitting of a public water system.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION