To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Strope General Plan Amendment Petition to change the designation of approximately 1.13 acres of Green Diamond Resource Company property from Residential Agriculture (RA 5-20) to Agricultural Exclusive (AE)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Accept the petition 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.
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Sustainable Natural Resources & Infrastructure Stewardship
Strategic Plan Category: 5004 - Preserve agricultural and timber land
DISCUSSION:
The Board of Supervisors is being asked to accept an applicant-initiated General Plan Amendment to change the designation of approximately 1.13 acres of Green Diamond Resource Company property from Residential Agriculture (RA 5-20) to Agricultural Exclusive (AE). This will allow for a lot line adjustment and a zone boundary adjustment on Green Diamond Resource Company property. The lot line adjustment application and zone boundary adjustment application would follow the acceptance of this petition.
The purpose of the lot line adjustment and zone boundary adjustment is to convert land that is owned by Green Diamond Company but was developed by the applicant. The applicant owns two separate parcels, and the Green Diamond land is a single legal parcel that consists of two Assessor Parcel Numbers (APN). A total of 1.13 acres of Green Diamond land, planned Residential Agriculture, would be converted Agriculture Exclusive and conveyed to the applicant. The petition is consistent with the General Plan’s required findings and criteria for amendments. 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 Fieldbrook area, on the east side of Fieldbrook Road, approximately 1/2 mile north of the intersection of Parker Lane and Fieldbrook Road, on the properties known as 743, 831 and 923 Fieldbrook Road, respectively.
The current General Plan land use designations for the subject property is Residential Agriculture specifying a maximum density of 5-20 acres per unit. The current zoning is Agriculture General with a combining zone specifying a minimum parcel size of 20 acres.
If accepted, the proposal would include an adjustment of the boundary between the Agriculture General and Agriculture Exclusive zone districts to align with the new property lines.
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 find 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:
A - The information that was used to determine the land use designation for the properties in question was not known at the time of the General Plan update. There were land uses tied to the parcels owned by the applicant that occurred on portions of Green Diamond parcels (APN’s listed above) - the amendment would correct the data, as well as facilitate transfer of those lands to the applicant’s ownership via a lot line adjustment and zone boundary adjustment.
D - The proposed petition to amend the land use designation of approximately 1.13 acres from Residential Agriculture (RA5-20) to Agricultural Exclusive (AE) will retain original established uses that are consistent with the General Plan, as the parcels to which the 1.13 acres of land will be added are currently designated as AE.
E - The proposed project addresses the discrepancy between the General Plan and the current land use on the properties. It is in the public interest to correct such discrepancies to have accurate planning and zoning documentation and guidance. Though the proposed petition does not specifically address any of the Guiding Principles in Section 1.4, the petition does not run contrary to any of the Principles and is therefore consistent with the expectations set forth in the General Plan.
Not appropriate for next scheduled update:
The proposed project is to address the discrepancy between the General Plan and the current land use, bringing the General Plan into consistency with the existing land use, and would therefore not be appropriate for the next scheduled update.
Requirements for a Petition for Zone Reclassification (Zone Boundary Adjustment):
Amendments to this division may be approved only if the following findings are made:
1. The amendment is in the public interest; and
2. The amendment is consistent with the county General Plan.
3. The proposed amendment does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law (the midpoint of the density range specified in the plan designation) unless the following written findings are made supported by substantial evidence:
a. The reduction is consistent with the adopted general plan, including the housing element, and
b. The remaining sites identified in the housing element are adequate to accommodate the county’s share of the regional housing need pursuant to Section 65584 of the Government Code, and
c. The property contains insurmountable physical or environmental limitations and clustering of residential units on the developable portions has been maximized.
Public Interest:
It is in the public interest to align zone district boundaries with physical use and occupation of land.
Consistent with the General Plan:
The current AE-planned parcels are substandard to the maximum density identified in the General Plan. The adjustment will add land area to the AE-zoned parcels thereby decreasing the degree of nonconformity with the General Plan. The adjustment of the zone boundary will not reduce the Residential Agriculture land below any minimum parcels sizes or otherwise affect the ability of this property to be developed to its full potential under the General Plan.
Consistent with the Humboldt County Code:
The current AE-zoned parcels are substandard to the maximum density identified in Humboldt County Code. The adjustment will add land area to the AE-zoned parcels thereby decreasing the degree of nonconformity with the code. The adjustment of the zone boundary will not reduce the Agriculture General parcel below any minimum parcels sizes or otherwise affect the ability of this property to be developed to its full potential under the zoning regulations.
Residential Density:
The two parcels owned by Green Diamond (APN’s 516-081-003 and 516-091-063) were included in the 2019 Housing Element Inventory. The proposed General Plan amendment would not reduce the residential density for either parcel below that utilized by the Department of Housing and Community Development. This parcel was identified as having a realistic development potential of 3 units in the 2019 Housing Element Inventory and this adjustment will not reduce the development potential to below the 3 units identified.
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:
Narrative Explanation of Financial Impact:
There will be no impact on 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 and AB 52, and as part of the environmental review for the project.
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 believes the necessary findings for accepting the petition may be made, so staff does not recommend further consideration of this alternative.
ATTACHMENTS:
Attachment 1: Resolution No. ______
Attachment 2: Applicant’s Petition Letter
Attachment 3: Site Plan
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A