To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: 4/5th
SUBJECT:
title
A Merger and Lot Line Adjustment (LLA) of Remnant Resulting from the Green Diamond Resource Company’s Dedication of the McKinleyville Community Forest and a Joint Timber Management Plan (JTMP) for Resulting Parcels That Will be Less Than 160 Acres in Size and Zoned Timberland Production Zone (4/5 Vote Required)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the resolution (Attachment 1) to take the following actions:
a. Find the project exempt from environmental review pursuant to Sections 15061(b)(3) and 15305(a) of the State CEQA Guidelines; and
b. Make all the required findings to approve the Lot Line Adjustment; and
c. Approve the Joint Timber Management Plan prepared pursuant to Section 51119.5 of the California Government Code (4/5 Vote Required); and
d. Approve the Lot Line Adjustment subject to the Conditions of Approval; and
2. Direct the Planning Division staff to record the Declaration with the JTMP and the Notices of Lot Line Adjustment and Certificate of Subdivision Compliance; and
3. Direct the Clerk of the Board to give notice of the decision to owners, the county Assessor’s Office and any other interested party.
Body
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:
Executive Summary: A Merger and Lot Line Adjustment (LLA) of parcels resulting from the Green Diamond Resource Co. dedication of land to the McKinleyville Community Services District for the creation of the McKinleyville Community Forest. Five remnant parcels will be merged into one parcel followed by a LLA of the merged parcel and three separate remnant parcels into reconfigured parcels (Parcels 1 - 4). The LLA will create new parcel boundaries and more manageable land units to be used for timberland. A Joint Timber Management Plan (JTMP) has been prepared for resulting Parcel 4 which will be less than 160 acres in size and is zoned Timberland Production Zone. The parcels are vacant and used for timber production.
This project consists of two parts: a JTMP prepared for the project covering approximately 57 acres of Timberland Production Zone (TPZ) lands on APN 509-051-008 and a portion of 509-061-001 (Parcel 4); and an application for a LLA and merger for remnant parcels resulting from the McKinleyville Community Forest acquisition from Green Diamond Resource Co. The parcels have mixed zoning, as noted on the list of parcel areas on the Lot Line Adjustment Map before LLA.
A review of creation documents to determine the legal status found that APNs 510-011-020 (portion A), 510-011-023 (portions B, E1, and E2), 510-011-022 (portions C1, C2, D, and E1), 509-076-005 (F), 509-061-001 (portions G and H1), and 509-051-008 (portion H2) were created in compliance with the Subdivision Map Act. The parcel origins are listed alphabetically and described on the Lot Line Adjustment and Merger Map (Attachment 1B) and are referenced above and listed and described below as Parcels A - H in accordance with the map.
A. Parcel C of Notice of Lot Line Adjustment and Certificate of Subdivision Compliance Recorded in Instrument No. 2023-011189, excepting Instrument No. 2024-001387.
B. Instrument No. 2023-014382, excepting Instrument No. 2024-001387
C. Parcel Six of Certificate of Subdivision Compliance Recorded in Instrument No. 2022-009535, excepting Instrument No. 2024-001387.
D. Parcel Eight of Certificate of Subdivision Compliance Recorded in Instrument No. 2022-009535, excepting Instrument No. 2024-001387.
E. Parcel Five of Certificate of Subdivision Compliance Recorded in Instrument No. 2022-009535, excepting Instrument No. 2024-001387.
F. Parcel Eighteen of Certificate of Subdivision Compliance Recorded in Instrument No. 2022-009535.
G. Parcel Seventeen of Certificate of Subdivision Compliance Recorded in Instrument No. 2022-009535, excepting Instrument No. 2024-001387.
H. Parcel Nineteen of Certificate of Subdivision Compliance Recorded in Instrument No. 2022-009535, excepting Instrument No. 2024-001387.
The reconfigured parcels will result in the division of TPZ-zoned land, and Parcel 4 will contain less than 160 acres of land zoned TPZ. Therefore, a JTMP is required to demonstrate that the resulting Parcel 4 can be managed as a separate unit and provide periodic sustainable return while balancing growth and yield over time.
The JTMP fulfills a required finding that the resultant Parcel 4 is consistent with the purpose of the TPZ, i.e., for the continued growing and harvesting of timber. As the size of a timberland parcel becomes smaller (below 160 acres), certain factors affecting the viability of the property to continue in a manner meeting the purpose of the zone become more important. The purpose of the JTMP is to ensure that the resultant Parcel 4 meets minimum stocking requirements, has adequate access to public roads and recorded access to private access roads, where needed, and is covered by a management guide which describes recommended silvicultural techniques, cutting cycle, stand regulation and regeneration, immediate stand treatments, fire protection, and other similar management practices.
Parcel 4 will be approximately 57 acres in size and contain approximately 57 acres zoned TPZ. The JTMP indicates that the timbered conifer areas on Parcel 4 currently have an approximate stand density (basal area) of approximately 223 square feet per acre with an average diameter range of approximately 5 - 16 inches and an approximate volume of approximately 26,205 board feet per acre. The findings for the LLA can be made based on upon the submitted evidence (Attachment 5).
Section 51119.5 of the California Government Code (C.G.C.) and Section 314-7.4.1.3 of the Humboldt County Code (H.C.C.) require the preparation of a JTMP for the "division" of land into assessor parcels containing less than 160 acres of TPZ. Parcel is defined as “that portion of an assessor’s parcel that is timberland” (C.G.C. Section 51104(i)). The JTMP is intended to guide the management and harvesting of timber on these smaller TPZ ownerships that result from the division of assessor parcels zoned TPZ into assessor parcels containing less than 160 acres of TPZ. Activities that may result in such a division include subdivision, lot line adjustment, and conveyances of existing land units (e.g. land patents) underlying an assessor’s parcel zoned TPZ, when any such created lot, reconfigured parcel or parcel to be conveyed contains less than 160 acres of TPZ land. Such circumstances require the preparation, review and approval of a JTMP per State law and local ordinance.
Consistent with Section 51119.5 of the California Government Code, a JTMP was prepared by Craig A. Compton, Registered Professional Forester (Attachment 3). The County’s Forestry Review Committee (FRC) reviewed and recommended approval of the JTMP on August 26, 2024 (Attachment 4). Pursuant to Section 51119.5, the JTMP must receive a 4/5’s affirmative vote of the Board of Supervisors to become effective.
Based on the FRC’s favorable recommendation, Planning Division staff is confident that the JTMP shows that the resultant Parcel 4 can be managed consistent with these requirements.
Record Number: PLN-2024-19021
Assessor Parcel Numbers: 509-051-008, 509-061-001 (portions), 509-076-005, 510-011-020 (portion), 510-011-022 (portions), and 509-011-023 (portions).
Project Location: The project site is in the McKinleyville area, on the south side of Murray Road, approximately 1.5 miles east of the intersection of Central Avenue and Murray Road, on the property located in Sections 4 & 5 T6N, R1E and Sections 32 & 33 T7N, R1E, Humboldt Meridian.
Present Plan Land Use Designations: Timberland (T), Residential Agriculture (RA5-20), and Residential Low Density (RL1-7); Humboldt County General Plan, McKinleyville Community Plan, and Fieldbrook-Glendale Community Plan. Density: N/A. Slope Stability: Parcels in many zones (M).
Present Zoning: Timberland Production Zone with Airport Safety Review, Noise Impact, and Streamside Management Areas and Wetlands Combining Zones (TPZ-AP-N-WR); Timberland Production Zone with a Streamside Management Areas and Wetlands Combining Zone (TPZ-WR); Agriculture Exclusive (AE), Agriculture Exclusive with Noise Impact and Streamside Management Areas and Wetlands Combining Zones (AE-N-WR); Agriculture Exclusive with a Streamside Management Areas and Wetlands Combining Zone (AE-WR); Agriculture General with a Special Building Site Combining Zone specifying a five-acre minimum lot size (AG-B-5(5)); and Residential One-Family with a Manufactured Home Combining Zone and a Special Building Site Combining Zone specifying a 10,000 square-foot minimum lot size (R-1-B-2-T).
Environmental Review: The project is exempt from environmental review pursuant to Sections 15061(b)(3) and 15305(a) of the State CEQA Guidelines.
State Appeal Status: Project is located outside of the Coastal Zone and is therefore not appealable to the California Coastal Commission.
Major Issues: None
SOURCE OF FUNDING:
Applicant fees.
FINANCIAL IMPACT:
There will be no impact on the General Fund. The applicant is responsible for paying all actual costs involved in the processing of the application.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies (Attachment 6), including the FRC which approved the JTMP on August 26, 2024.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
Your Board may choose not to approve the project. Planning Division staff does not recommend this alternative. The JTMP shows that the management unit within the LLA resultant Parcel 4 can be managed for continued timber production.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Lot Line Adjustment and Merger Map
2. Draft Declaration of Covenants, Conditions and Restrictions Implementing Joint Timber Management Plan
3. Joint Timber Management Plan
4. Forestry Review Committee Draft Minutes, August 26, 2024
5. Applicant’s Evidence in Support of the Required Findings
6. Referral Agency Comments and Recommendations
Applicant
Green Diamond Resource Co.
c/o: Craig Compton
PO Box 68
Korbel, CA 95550
Owner
Same as applicant
Agent
Kelly-O’Hern Associates
c/o Mike O’Hern
3240 Moore Avenue
Eureka, CA 95501
Please contact Rodney Yandell, Senior Planner, at 707-268-3732 or by email at ryandell@co.humboldt.ca.us, if you have any questions about the scheduled item.