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Conduct a noticed public hearing to consider General Plan Amendment Application No. G-23-02 and Rezoning Petition No. Z-23-01 by Chei Chen and Regina Yin. The proposal would change the General Plan land use designation for the Yin Ranch from Agriculture to Parks and Recreation, and 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 property is located at 6319 Pleasants Valley Rd. (APN 121-180-150 and -160). The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 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 Planning Commission:
1. Conduct a noticed public hearing; and
2. Adopt a resolution (Attachment A) recommending that the Board of Supervisors approve applications G-23-02 and 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 Planning Commission is being asked to consider a General Plan Amendment to change the property’s land use designation from “Agriculture” to “Park and Recreation.” The Planning Commission is also being asked to consider a Rezone Petition to change the property’s zoning district from “Exclusive Agriculture” (A-40) to “Park” (P). The Park and Recreation general plan designation and the Park zoning district 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 eventually 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 Board of Supervisors.
At this time, the Planning Commission is being asked to make a recommendation to the Solano County Board of Supervisors regarding the proposed General Plan Amendment and Rezoning Petition.
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 lake, vineyard, and orchards. Many of the existing buildings exist without benefit of building permit approvals.
Access to the site is via a shared gated private driveway off of Pleasants Valley Road.
The site is relatively flat, with mountainous terrain to the west. Approximately 5.5 acres of existing site is used for agriculture, including vineyards and olive orchards. 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.
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 on site will continue.
The proposed museum use 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 on-site 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 could provide educational opportunities for community engagement, increasing relevancy of California history.
Project Approvals
The proposed project will be processed by the County in two phases. Phase 1, which is presently before the Planning Commission, is limited to the proposed General Plan Amendment and Rezoning Petition based on existing facilities on-site 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 Parks District appears to most closely match the proposed public uses. The Parks District 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 Park designation will allow the existing agricultural uses to continue on the site. The vineyards produce private label wine and the olive trees produce olive oil.
As discussed above, the proposed General Plan Amendment and Rezone will not permit any new construction or use on the site. The applicant will need to submit an application for a Planned Policy Overlay (PPO) and Conditional Use Permit (CUP) to permit any new uses of the property, including hours of operation, size of events, and other details subject to the County’s discretionary approval. The PPO and CUP is considered Phase 2 of this project, which will require separate environmental review and Board of Supervisors approval.
Access
The project site is approximately 1000 feet from Pleasants Valley Road. Several large rural estates surround the property. Access to the site is from a private gated driveway that is located at Pleasants Valley Road and Foothill Drive. The property has an access agreement with adjacent neighbors.
Parking is available in paved parking areas throughout the site. Parking is available in front of the main residence, and a large parking lot is located adjacent to special events buildings in the rear of the property. Ample area on the site is available 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 wells as a public water system.
Sewage treatment would be provided by an onsite septic system. Depending on the size of the system, the septic system may be overseen 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 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 and ZONING CONSISTENCY:
General Plan Consistency
The project site is designated as Agriculture by the 2008 Solano County General Plan which is intended to protect and preserve agricultural areas of the County. The proposed General Plan amendment would allow the site to be used for public uses such as museums and recreation, and the proposed rezoning would be consistent with the General Plan.
The site is not listed as important farmland. On the Farmland mapping it is designated “Urban and Built Up Lands”. Therefore, there will be no impact from loss of agricultural lands with this action. It is expected that the existing agricultural uses will continue on the site.
There are several policies that are most pertinent to the project, including the County’s Orderly Growth policies which include the following:
Solano County’s voters adopted Measure A in 1984, which was extended by Measure T in 2008. The provisions of Measure A were extended with the adoption of the Orderly Growth Initiative, in 1994 and the most recent General Plan update in 2008 (Measure T). The purpose of the initiative is to continue to ensure protection of Solano County’s agricultural and open space resources.
LU.P-2, The General Plan may be reorganized, and individual goals and policies may be renumbered or reordered in the course of ongoing updates of the General Plan in accord with the requirements of state law, but the provisions enumerated in this paragraph [LU.P-3, AG.P-31 through -36] shall continue to be included in the General Plan until December 31, 2028, unless earlier repealed or amended by the voters of the County.
AG.P-34, Lands within the Agriculture designations may be redesignated to Park & Recreation only for public recreation and public open space uses and only if the uses permitted by the new designation will not interfere with or be in conflict with agricultural operations.
As part of the project, the existing approximately 5.5 acres of agricultural uses will continue. The County will work with the applicant to ensure that the park related uses are open to and accessible to the public. As proposed, access to the site will be via a reservation system. This is similar to other public park systems that require reservations for park access. In this case, members of the Yin family will be living on the site for the foreseeable future, so reservations will ensure that the museum uses do not unduly impact the family, and access can be limited until the provisions of the PPO and Use Permit are put in place.
The General Plan Parks and Recreation Element also includes policies which support private recreational use:
According to the General Plan, private enterprise can help to fill the growing need for recreation opportunities in Solano County. This can be accomplished through development of privately owned commercial recreation facilities, or through private development and operation of facilities and services within County and urban parks. It is important, however, to ensure that such private operations on County parkland help to meet the needs of Solano County residents at affordable rates. (Parks and Recreation Element at p. 10.)
Objective 9: Encourage the development of private recreational areas within the unincorporated area, which complement public recreation facilities within the County. This may include privately developed campgrounds, golf courses, fishing lakes, etc.
Policies
A. The County shall encourage privately developed recreational facilities that expand public regional recreation opportunities.
B. Private recreation facilities should be located and designed in a manner that minimizes adverse impacts on surrounding residential, agricultural and open space uses.
C. Intensive private commercial recreational developments may be confined to County urban areas if supporting public facilities and services are required.
D. The County may provide for private concessions within County parks that do not adversely affect park resources and provide a needed service for visitors at an affordable cost. Such concessions cannot conflict with the needs of adjacent agriculture and other land uses.
(Parks and Recreation Element at pp. 10-11.) Here, the proposed project may be privately held but would be open to the public and provide museum, cultural, educational and recreational amenities consistent with the County’s Parks and Recreation policies. The project includes a fishing lake, turf fields, tennis courts and other recreational facilities.
The project is further consistent with the General Plan for the following reasons and as outlined in the proposed Planning Commission Resolution (Attachment A):
1. The proposed General Plan Amendment will not cause the Solano County General Plan to be internally inconsistent.
2. The proposed General Plan Amendment is in the public interest and is consistent with the goals and policies of the General Plan, including Policies LU.P-3 and AG.P-34 because the re-designation from Agriculture to Park & Recreation is for public recreation and public open spaces uses, and will not interfere with or be in conflict with agricultural operations.
3. The proposed General Plan Amendment will not exceed the annual limit on general plan amendments specified under Government Code section 65358(b).
4. The proposed Rezone from A-40 to Park District is consistent with the General Plan.
5. The proposed Rezone from A-40 to Park District is in the public interest and is not detrimental to the public health, safety, or general welfare of the people of the County. The Rezone is appropriate given the location of the site and existing uses, and will not endanger, jeopardize, or otherwise constitute a hazard to the property, surrounding properties, or the community at large.
Zoning Consistency
The site is zoned Exclusive Agriculture (A-40). The intent of the agricultural zoning district is to allow agricultural-related uses and uses compatible with agriculture. Agriculture uses must be the primary activity. The Park District is intended to preserve land well suited for outdoor recreational purposes and to provide recreation, amusement, play or relaxation. Existing facilities on the site would allow for museum, cultural experiences and recreation consistent with the proposed zoning. Recreation facilities such as turf area for picnics, soccer, tennis courts, basketball courts, pond area, outdoor amphitheater and gazebo, all would accommodate outdoor use. All existing agriculture uses on the site will remain.
Public Outreach
Consistent with the County’s recently adopted Good Neighbor Policy, the applicant held a community meeting May 8, 2024. Residences within a half mile of the project and interested parties were notified of this meeting. Approximately 25 people attended the meeting. Notable concerns and questions expressed by the attendees included traffic issues, availability of adequate utilities, and the process moving forward. Staff and the applicant will be available to provide additional information at the Planning Commission meeting.
Next Steps
As previously stated, much of the existing development on the property was constructed without 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 review of building permits for the intended occupancy of the buildings.
Phase 2 will potentially also 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. The specific uses will require their identification within the PPO, and the CUP will provide more specific operational requirements, such as hours of operations, visitor 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 various uses (traffic, air quality, noise, cultural resources, etc.).
Approval of the General Plan Amendment and Rezone Petition will not authorize any specific uses or allow occupancy of any unpermitted structures.
AGENCY REVIEW:
As part of the Department of Resource Management development review process, the application materials have been reviewed by various County Departments, as well as Local and Regional agencies. Some agencies may have some of level of permitting authority over the project:
Local Agencies
City of Vacaville
Solano County (Resource Management staff and Deputy County Counsel)
Solano Irrigation District (irrigation water for the vineyards)
Regional and State Agencies
Bay Area Air Quality Management District
San Francisco Bay Water Quality Control Board
State Water Resources Control Board, Division of Drinking Water (water supply permit)
CalFire
California Fish and Wildlife Department
Airport Land Use Commission
Section 21676 (b) of the State Aeronautics Act requires the Airport Land Use Commission (ALUC) review of any general plan or zoning changes within an Airport Influence Area. The project went to the May 9, 2024 ALUC meeting for review. The project is located within Zone E which does not restrict residential densities, number of people per acre or hazards to flight; and is located outside of the Outer Perimeter Bird Strike Hazard Zones and Assault Landing Zone. None of the structures are 200 feet or taller. While the ALUC hearing has yet to be held as of the drafting of this staff report, the existing development or proposed amendments are not anticipated to conflict with Zone E.
ENVIRONMENTAL ANALYSIS:
The action is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines 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 HEARING NOTICE:
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 May 16, 2024.
RECOMMENDATION:
Based on the discussion above, staff recommends that the Planning Commission adopt a resolution recommending that the Board of Supervisors approve General Plan Amendment G-23-02 and Rezoning Petition Z-23-01.
ATTACHMENTS:
A - Planning Commission Resolution
B - General Plan Exhibit
C - Rezone Exhibit
D - Aerial Photograph
E - Public Notice