To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
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A General Plan Amendment (GPA) And Zone Reclassification (ZR) To Facilitate a Lot Line Adjustment (LLA) Between Two Parcels Resulting in Two Parcels. The Lot Line Adjustment Will Adjust the Boundary Between APNs 500-071-012 And 500-081-002 Such That 0.2-Acres Will Be Transferred from One Parcel and Added to The Other Parcel to Accommodate Existing Historic Encroachments. The GPA And ZR Will Allow the Transferred Portion to Remain Consistent with Humboldt County’s General Plan and Zoning Ordinance by Rezoning the Property from TPZ To AG And Amending The Land Use Designation From T To RE
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the resolution (Attachment 1) which does the following:
a. Makes all the required findings for approval; and
b. Approves the General Plan Amendment.
2. Adopt the ordinance amending section 311-7 of the Humboldt County Code by rezoning property in the Arcata area (Attachment 2) to approve the Zone Reclassification; and
3. Direct the Clerk of the Board to give notice of the decision to Nielen and Elicia Stander, Green Diamond Resource Company, the Planning Department, 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: 5005 - Implement landscape stewardship through the General Plan
DISCUSSION:
Assessor Parcel Numbers: 500-071-012 and 500-081-002
Record Number: PLN-2024-19011
Application Date: 6/21/2024
Fickle Hill, Arcata Area
Executive Summary: This item is the result of an applicant-initiated General Plan Amendment and Zone Reclassification to facilitate a Lot Line Adjustment in the Fickle Hill area between APN 500-071-012, owned by Nielen and Elicia Stander, and APN 500-081-002, owned by the Green Diamond Resource Company. The Lot Line Adjustment seeks to adjust the boundary east of the Stander property to incorporate development inadvertently built on the Green Diamond property, but accessory to the residential uses of the Stander property. The proposed project was reviewed by the Planning Commission on May 15, 2025, when the Planning Commission conditionally approved the Lot Line Adjustment and recommended the Board of Supervisors approve the General Plan Amendment and Zone Reclassification (Attachment 5).
The encroachment over the property line includes a garage, fence, and driveway area. To help the existing development pattern conform to the property boundaries, and to keep the property boundaries as the Land Use and Zoning boundaries, an approximately 0.2-acre portion of the Green Diamond property (APN 500-081-002) is proposed to be transferred to Stander and the Land Use changed from Timberland (T) to Residential Estates (RE). Changing the zoning from Timber Production (TPZ) to Agriculture General (AG) is also proposed.
Attachments 1A is a map showing the accessory development at issue, and an exhibit detailing the proposed Lot Line Adjustment and 0.2-acre area targeted where the General Plan Amendment and Zone Reclassification are proposed. A petition to change the General Plan designation and zone classification (PLN-2024-18909) was accepted by the Board of Supervisors on May 21, 2024 (Attachment 4). The proposed project was then reviewed by the Planning Commission on May 15, 2025, and the Lot Line Adjustment was conditionally approved, and the General Plan Amendment and Zone Reclassification was recommended for approval (Attachment 5).
The proposed project was reviewed and approved by the Forestry Review Committee with a vote of 6-0, on Aug. 26, 2024 (Attachment 6). As recommended, the zone boundary would be adjusted to conform to the adjusted lot lines.
Location: The project site is located approximately 2 miles east of Arcata in the Fickle Hill area, on the north side of Fickle Hill Road, approximately 450 feet southeast of the intersection of Fickle Hill Road and Simmons Lane, on the property known as 3100 Fickle Hill Road (Attachment 3).
Required Findings: Section 312-50 of the Humboldt County Code Zoning Regulations, Required Findings for All Amendments, states that amendments may be approved only if the following findings are made:
1. The amendment is in the public interest;
2. The amendment is consistent with the County General Plan; and
The 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 proposed amendment is in the public interest as the project is to facilitate a Lot Line Adjustment to adjust the boundary to on the ground conditions of the Stander property and to incorporate development inadvertently built on the Green Diamond property, but accessory to the residential uses of the Stander property. By approving the Zone Reclassification and General Plan Amendment, the Lot Line Adjustment will create congruency between property boundaries and historic lines of occupation and land use. To help the existing development pattern better conform with the requirements of the General Plan and Zoning Regulations, an approximately 0.2-acre portion of the Green Diamond property (APN 500-081-002) is proposed to be transferred to Stander and changed from Timberland (T) to Residential Estates (RE). Changing the zoning from Timber Production (TPZ) to Agriculture General (AG) is also proposed. With the approval of the General Plan Amendment, Zoning Reclassification and Lot Line Adjustment, the project will be consistent with the General Plan and Zoning. Additionally, these parcels were not utilized by the Department of Housing and Community Development in determining compliance with housing element law. The project has no impact on overall density.
Based on review of Planning Division reference sources and comments from all responding referral agencies (Attachment 7), the applicant has submitted evidence in support of making all the required findings for approving the General Plan Amendment, Zone Reclassification and Lot Line Adjustment.
SOURCE OF FUNDING:
Applicant fees.
FINANCIAL IMPACT:
The administrative cost of the General Plan Amendment, Zone Reclassification and Lot Line Adjustment does not have impact on the General Fund. The cost of processing the applications is completed on a cost recovery basis.
STAFFING IMPACT:
Processing of the General Plan Amendment, Zone Reclassification and Lot Line Adjustment application has been accomplished with existing staff resources.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either recommended approval or conditioned approval (Attachment 7).
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board of Supervisors could elect not to approve the project. This alternative should be implemented if your Board is unable to make all of the required findings. Planning Division staff is confident that the required findings can be made. Consequently, Planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. GPA, ZR & LLA Site Map and adjustment detail
2. Draft Ordinance for Adoption by the Board of Supervisors
Exhibit 2A: Legal Description
Exhibit 2B: Map
3. Location Map
4. BoS Petition May 21, 2024, Resolution 24-61
5. PC May 15, 2025, Staff Report and Attachments
6. FRC Meeting August 26, 2024 draft minutes
7. Referral Agency Comments and Recommendations
PREVIOUS ACTION/REFERRAL:
Meeting of: May 15, 2025, Planning Commission
File No.: #25-639