To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
A Petition Requesting the Board Accept for Processing an Applicant-Initiated General Plan Amendment to Change the General Plan Designation from Residential Estates (RE) to Commercial Services (CS) to be Consistent with the Current Community Commercial (C-2) Zoning
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Accept the petition for processing and adopt the attached resolution (Attachment 1) based on the findings in the staff report; and
2. Direct the Clerk of the Board to give notice of the decision to the applicant and any other interested party.
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: A Diverse, Equitable & Robust Economy
Strategic Plan Category: 2001 - Promote strong economic resiliency and growth
DISCUSSION:
Your Board is requested to accept for processing a petition for an applicant-initiated General Plan Amendment to change the land use designation of a 3.65-acre parcel along Highway 299 in the Willow Creek area, from Residential Estates (RE 1-5) to Commercial Services (CS). This change will make the General Plan Designation consistent with the existing zoning of Community Commercial (C-2). The land use designation was changed from CS to RE as part of the General Plan Update in 2017 at the request of the previous owner, however, the land is vacant and the current owners wish to utilize the property for commercial uses. The property has over 400 feet of frontage along Highway 299.
The Applicant submitted a letter supporting the findings required to make an amendment to the General Plan (Attachment 2).
The project site is in the Willow Creek area, on the west side of State Highway 299, at the southwest corner of State Highway 299 and Enchanted Spring Lane, on the property known as 40 Enchanted Spring Lane. Assessor Parcel Number 524-201-009.
Requirements for a Petition for General Plan Amendment:
The General Plan Amendment Petition is consistent with the General Plan’s required findings and criteria for amendments. A petition for amendment of the Plan may be accepted for processing upon the Board of Supervisors making one or more of the following findings:
A. Base information or physical conditions have changed; or
B. Community values and assumptions have changed; or
C. There is an error in the plan; or
D. To maintain established uses otherwise consistent with a comprehensive view of the plan; or
E. The proposed amendment has the potential for public benefit and is consistent with the Guiding Principles and applicable goals of the Plan.
The Board must also determine that the revision is not appropriate for the next scheduled update.
For approval of Plan Amendments, the Board must make the findings that the proposed revision is in the public interest and is consistent with the Guiding Principles in Section 1.4 and applicable goals of the Plan.
Criteria for Amendment:
B/ C- The petition proposes that community values and assumptions have changed, as well as that there is an error in the plan. Historically the property has been zoned Community Commercial (C-2) with a Commercial Services (CS) General Plan designation. The previous owner requested the General Plan designation be changed to Residential Estates (RE) at the last General Plan update in 2017, however the zoning remains C-2. The 5 adjacent parcels north along Highway 299 all have CS land use designations and C-2 zoning. The RE land use designation is used for lands adjacent to urban areas or rural communities with limited public services but suitable for single-family residential use. Although the lands to the south and west of the subject parcel have the land use designation of RE, the subject parcel is more suited to accommodate commercial development with its substantial frontage on Highway 299. The current conflict between the residential plan designation and the commercial zoning creates an inconsistency that can be considered an error in the plan. The proposed change will make the land use designation consistent with the existing zoning and correct the error in the plan.
E -The proposed petition is consistent with the Guiding Principles in Section 1.4, specifically supporting the County’s economic development strategy and other efforts to retain and create living-wage job opportunities (Principle 1.4.5). The proposal for the subject property, should the General Plan designation change be approved, is to subdivide the 3.65-acre parcel into 3 parcels to include one 1.65-acre front lot, and two rear 1-acre lots. A subdivision was previously approved in 2004 (PMS-03-26), however expired in 2009 due to inactivity. The current owners of the property own Jones Family Tree Service (JFTS) and propose to use one of the parcels for equipment, vehicle parking/ storage plus an office. JFTS currently provides 17 full-time jobs, with plans to grow, and continue to create living-wage job opportunities. Possible options for the other two parcels would be commercial in nature including an auto repair shop, office rentals or space for other small commercial businesses, all supporting the County’s economic development strategy.
Not appropriate for next scheduled update:
The proposed project is at the landowners request to complete in a timeline that does not align with the next update.
Public Interest:
It is arguably in the public interest to change the designation from Residential Estates (RE) to Commercial Services (CS) to be consistent with the existing zoning of Community Commercial (C-2) and correct the error in the plan. The historic intended use of the subject parcel is for commercial services, with easy accessibility along Highway 299. The petition supports the County’s economic development strategy and other efforts to retain and create living-wage job opportunities (Principle 1.4.5) within a commercially designated area.
Consistent with the General Plan:
The subject 3.65-acre parcel has historically been designated as Commercial Services (CS). The previous owner requested the General Plan designation be changed to Residential Estates (RE) at the last General Plan update in 2017, however the zoning was never changed and remains Community Commercial (C-2). The 5 adjacent parcels north along Highway 299 all have CS land use designations and C-2 zoning and the subject parcel is undeveloped. Changing the General Plan designation to CS will remedy the inconsistency between land use designation and zoning and correct the error in the plan.
Consistent with the Humboldt County Code:
The adjustment of the land use designation from Residential Estates (RE) to Commercial Services (CS) will allow the subject parcel to be consistent with Humboldt County Code. The Community Commercial (C-2) zoning designation is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The subject property contains Highway 299 frontage and has historically been zoned C-2. During the 2017 General Plan update, the property owner at the time requested the land use designation be changed to Residential Estates (RE), however the zoning of C-2 was never changed. This has resulted a conflict in that commercial uses permitted under the zone would not be compatible with the general plan designation for the property, creating a situation where development of the property is difficult. Changing the land use designation back to CS will allow the subject property to be developed consistent with Humboldt County Code.
Residential Density:
The Amendment does not reduce the residential density of any parcel. Due to the inconsistency between the land use designation and zoning, residential use is not principally permitted. Reverting the land use designation back to Commercial Services (CS) as it was prior to the 2017 General Plan update, will allow the zoning of Community Commercial (C-2) to be consistent with the General Plan and facilitate appropriately sited commercial development. The subject parcel was not identified within the 2019 Housing Element inventory and will not add or subtract housing units.
The decision to be made at this time is whether the Board will accept the proposed application for processing, review, and consideration. If accepted for review and consideration, more in-depth analysis will be performed assessing whether the proposed General Plan amendment is both in the public interest and consistent with the General Plan.
A petition to accept an application for a general plan amendment is not a project as defined in Section 21065 of the Public Resources Code and is not subject to CEQA.
SOURCE OF FUNDING:
Applicant Fees
FINANCIAL IMPACT:
The administrative cost of the General Plan Amendment does not impact the General Fund. The applicant is responsible for paying all actual costs involved.
OTHER AGENCY INVOLVEMENT:
The project was referred to County Counsel, which has not expressed concern with the proposed petition. Should the petition be accepted, responsible and trustee state and local agencies will be involved in the referral process of the Reclassification, including Native American Consultation pursuant to SB 18.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could accept the petition with modifications if it believes the required findings cannot be made. Staff believes the necessary findings for accepting the petition may be made, so staff does not recommend further consideration of this alternative.
The Board could reject the petition if it believes the required findings cannot be made. Staff believe the necessary findings for accepting the petition may be made, so staff does not recommend further consideration of this alternative
ATTACHMENTS:
Attachment 1: Draft Resolution
Attachment 2: Applicant’s Petition Letter
Attachment 3: Public Comment - Dream Quest Letter of Support
Attachment 4: Public Comment - Jones Family letter of support WCCSD
Attachment 5: Public Comment - Letter in support of Jones Family Tree Service R Brown Construction
Attachment 6: Public Comment - LOR-JonesFamilyTree WC Chamber
Attachment 7: Public Comment - Studio 299 Letter_of_Support_40 Enchanted Springs C-2 GP
Attachment 8: Public Comment - WCFSC Letter of Support
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A