To: Board of Supervisors
From: Public Works
Agenda Section: Consent - Received Too Late For Review (TLFR)
Vote Requirement: Majority
SUBJECT:
title
Approval of Town of Scotia Subdivision, Phase 4, APN 205-421-013, Scotia
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Accept and approve the subdivision map (Attachment 1) for filing with the County Recorder;
2. Accept the dedications to the County of Humboldt of Bridge Street and Williams Street for public road purposes;
3. Accept the dedications to the County of Humboldt for Public Utility Easement (PUE) over Seventh Street, Eight Street, Pond Avenue, Pond Alley, Parcel F, Parcel G, Parcel H, Parcel I, Parcel J, Alley 13, Alley 14, Alley 15 and Alley 16;
4. Direct the Clerk of the Board to sign the subdivision map (Attachment 1) on behalf of the Board of Supervisors and further certify to the vacation of portions of those existing easements for public highways within Phase 4 of this subdivision, lying outside the areas dedicated by this map pursuant to Section 66434(g) of the Government Code. Reference is hereby made to the “Abandonment Note” on the subdivision map for particulars;
5. Authorize the Chair to execute the Conveyance and Agreement (Attachment 2); and
6. Direct the Clerk of the Board to transmit the subdivision map (Attachment 1), the Notice of Development Plan & Notice of Geologic Report (Attachment 2), the Quitclaim & Partial Reconveyance (Attachment 3), the Town of Scotia Easement Grant Deed (Attachment 4), and the Irrevocable Offer of Dedication and Grant of Easement Deed (Attachment 5) to the County Recorder for filing and recordation.
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Housing for All
Strategic Plan Category: 4002 - Increase and prioritize housing development
DISCUSSION:
On Nov. 10, 2009, the Planning Commission approved a tentative map for the Town of Scotia Subdivision, being the subdivision of a 465 acre parcel into 340 lots to be completed in several phases (FMS-05-001, APN 205-351-031). Also approved at that time were a General Plan Amendment and a Zone Reclassification (GPA-05-01) and a Planned Development Permit (PDP-05-01). Pursuant to GC 66452.6(a) <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D66452.6.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848926904851%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tC1XRDfHKuxllj8Y2Pe7CSAQZJZI2%2FMjUs4zlUsF2Ik%3D&reserved=0>, the November 10, 2009 approval of the tentative map established an expiration date of November 10, 2011. On January 1, 2010, an automatic two year time extension pursuant to GC 66452.22 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D66452.22.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848926940029%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=MxgHAMIiLFwXdMdCJh59l50ii2Sj4SugE0LNgkPPUsE%3D&reserved=0> extended the expiration date to November 10, 2013. On July 11, 2011, an automatic two year time extension pursuant to GC 66452.23 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D66452.24.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848926965997%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=3KUhM4y1GBby4p3tMx9NvvnfZlCvm%2B07QvrdatVTf3Y%3D&reserved=0 extended the expiration date to November 10, 2015. On July 11, 2013, an automatic two year time extension pursuant to GC 66452.24 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D66452.24.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848926992739%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=7tTKatb0Gu4ymb%2FgdC%2FNH3Wm5o2ZWML1KMrl6RtRXFc%3D&reserved=0> extended the expiration date to November 10, 2017. On December 3, 2015, the Planning Commission approved a two year time extension pursuant GC 66452.6(e) <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D66452.6.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848927019004%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=PTNgkL%2BGsklnKjeiBCtiNAEzy2yzObIkLn1m%2Fv1Z7iQ%3D&reserved=0> that extended the expiration date to November 10, 2019. On September 5, 2019, the Planning Commission approved a six year time extension pursuant GC 66452.6(e) <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D66452.6.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848927044498%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=29IGW0%2FJI29pwYGXIgEnQOJZEg3TztAWw3pWbmDCKKs%3D&reserved=0> that extended the expiration date to November 10, 2025. On September 28, 2020, an automatic eighteen month time extension pursuant to GC 65914.5(b) <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displaySection.xhtml%3FsectionNum%3D65914.5.%26lawCode%3DGOV&data=05%7C02%7CBBronkall%40co.humboldt.ca.us%7Cce71c2446d5b4a7b8f1908de838f5d43%7Cc00ae2b64fe844f198637b1adf4b27cb%7C0%7C0%7C639092848927095029%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=zCvoHQWwjeJrLSYdxpb0t9l1Fy21zpIjETAzOXTzlnQ%3D&reserved=0> extended the expiration date to May 10, 2027. The subdivision is in Humboldt County at Highway 101 and Main Street, approximately two (2) miles south of Rio Dell. This map represents Phase 4, which is comprised of 89 lots. Previously completed phases of the Town of Scotia Subdivision include:
• Phase 1 (50 lots) filed Nov. 15, 2016, in Book 25 of Maps, pages 54 through 65.
• Phase 2 (96 lots) filed July 26, 2018, in Book 25 of Maps, pages 79 through 87.
• Phase 3 (68 lots) filed March 25, 2022, in Book 25 of Maps, pages 150 through 159.
Pursuant to Government Code Section 66458(a), the subdivider, Town of Scotia Company, LLC, requests that the Board approve Phase 4 of the subdivision as complete and accept the subdivision map for filing with the County Recorder.
The Planning & Building Department requires that a Notice of Development Plan & Notice of Geologic Report be recorded concurrently with the filing of the subdivision map (Attachment 2).
In 2010, the property owner entered into a Covenant and Agreement to Hold Property as One Parcel (Attachment 6). This was necessary as a result of the subdivider wanting to sell-off certain high-value assets such as the industrial lots and the hotel lot within the town ahead of the filing of any of the phased subdivision maps. The subdivider owned numerous adjacent properties and used a lot line adjustment to accomplish the sale of the high-value assets. As part of the county approving the lot line adjustment, the subdivider agreed to hold the property as one in lieu of completing conditions approval associated with the high-value assets. This included conditions of approval related to the reconstruction of aging infrastructure within high-value assets; relocating the reconstructed infrastructure, as necessary, to locations that allow for better utilization of the high-value assets; and providing utility and storm drain infrastructure for the entire subdivision. The improvements constructed on the high-value assets occurred in a logical yet piece-meal order so that infrastructure necessary for each phase of the subdivision was in place. The covenant and agreement ensured compliance with the conditions of approval. The conveyance restricted the ability to subdivide the property until applicable conditions of approval were satisfied. At this time, those conditions of approval have been satisfied/completed and it is appropriate to release the subdivider from these restrictions. The Planning Division requires that a Quitclaim and Partial Reconveyance (Attachment 3) be entered, which will accomplish this release.
The Land Use Division of the Department of Public Works has inspected and approved all subdivision improvements. All the improvements have been constructed to the satisfaction of the department. The Land Use Division and the Planning Division have determined that the subdivider has met all conditions of subdivision approval within the required time limits. The Humboldt County Tax Collector, or his designee, has signed the map indicating that all taxes have been paid or secured to his satisfaction.
No new roads are proposed to be added to the County Maintained Road System. Prior to the subdivision, some of the roads within the subdivision were already included within the County Maintained Road System. The existing roads and alleys not maintained by the county (as well as other infrastructure) will be maintained by the Scotia Community Services District. The map includes provisions for cleaning up the existing public right of ways for Bridge Street and Williams Street and abandoning any existing right of way that extends beyond what is shown on this map. This is accomplished through dedication by the subdivider and acceptance by the county of public road easements for Bridge Street and Williams Street (Recommendation 2) and the abandonment of existing easements (Recommendation 4).
Scotia Community Services District will maintain the following in Phase 4: storm drainage; sewer/water services; and road maintenance for Pond Avenue, Pond Alley, Seventh Street, Eighth Street, Alley 13, Alley 14, Alley 15 and Alley 16. These existing roads and alleys were not part of the County Maintained Road System and require an entity to maintain them. Scotia CSD will provide for the maintenance of these roads and alleys; including the water and sewer infrastructure. Public utility easements are required for other utilities (such as PG&E). This is accomplished through dedication by the subdivider and acceptance by the county of public utility easements over Pond Avenue, Pond Alley, Seventh Street, Eighth Street, Alley 13, Alley 14, Alley 15 and Alley 16 (Recommendation 3). Utility infrastructure was also constructed outside of the road right of ways. Public utility easements are required for these facilities. This is accomplished through dedication by the subdivider and acceptance by the county of public utility easements over Parcel F, Parcel G, Parcel H, Parcel I, Parcel J (Recommendation 3).
Additionally, the subdivider and the Town of Scotia CSD have requested that two easements (Attachments 4 and 5) be recorded concurrently with the filing of the final map. These documents are not subject to the review and/or approval of the county. The county is only facilitating the concurrent recording of these documents with the rest of the documents.
It is requested that the Board take the recommended actions.
SOURCE OF FUNDING:
General Fund (1100)
FINANCIAL IMPACT:
No new roads are proposed to be added to the County Maintained Road System. Prior to the subdivision, some of the roads within the subdivision were already included within the county Maintained Road System. The existing roads and alleys not maintained by the county (as well as other infrastructure) will be maintained by the Scotia Community Services District.
The applicant has placed a deposit for the subdivision with the Land Use Division which was deposited into the Subdivision Inspection Deposit trust fund (3709). Staff time is tracked and charged against this deposit and the revenue is moved out of trust via journal transfer. As a result, there is no impact to the General Fund. There is a positive balance on the deposit; meaning that the subdivider will receive a refund of the remaining balance.
STAFFING IMPACT:
Approval of the subdivision will not result in the need for additional staffing.
OTHER AGENCY INVOLVEMENT:
• County Recorder
• County Treasurer
• Planning & Building
• Scotia Community Services District
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may determine that the map does not conform to all the requirements of the Subdivision Map Act and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. By doing so the Board shall disapprove the map in accordance with Government Code Section 66458(a). This action is not recommended.
ATTACHMENTS:
1. Subdivision Map (Original is on file with the Clerk of the Board)
2. Notice of Development Plan & Notice of Geologic Report
3. Quitclaim & Partial Reconveyance
4. Town of Scotia CSD Easement
5. Irrevocable Offer of Dedication and Grant of Easement Deed
6. Conveyance and Agreement to Hold Property as One Parcel
PREVIOUS ACTION/REFERRAL:
Meeting of: 03/22/2022
File No.: 22-326