To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Johannesen General Plan Amendment to Change the Land Use Designation from Residential Agriculture with Minimum Parcel Sizes 20-40 Acres (RA-20/ RA-40) to Timberland (T) and Zone Reclassification from Unclassified (U) to Timber Production Zone (TPZ) Petitions
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached resolution to take the following actions:
a. Find it is in the public interest to accept the petition, at this time; and
b. Accept the petition.
2. Direct the Clerk of the Board to provide a certified Board order and signed resolution to the Planning and Building staff to be included with the notification of decision to the appropriate parties.
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:
This item is regarding a petition requesting the Board accept an applicant-initiated General Plan Amendment and Zone Reclassification for processing. The amendment is needed to bring the land use designation and zoning for portions of three parcels into consistency with the existing and planned management for timber production that has occurred in the area since the 1940’s. The portions of the three parcels require a General Plan Amendment from Residential Agriculture with minimum parcel sizes 20-40 acres (RA-20/ RA-40) to Timberland (T) and a Zone Reclassification from Unclassified (U) to Timber Production Zone (TPZ).
APN 215-181-037 is a 450-acre parcel, and 21.6-acres is proposed to be changed to T and TPZ. APN 215-191-042 is a 163.6-acre parcel, and 10.1-acres is proposed to be changed to T and TPZ. APN 215-192-021 is a 421.6-acre parcel, and 96.7-acres is proposed to be changed to T and TPZ.
In total, 126.3 acres over the three parcels is proposed to be changed to T and TPZ. Should the petition, General Plan Amendment and Zone Reclassification all be approved, the three subject parcels would exclusively have a land use designation of T and zoning of TPZ.
Location
The project site is in the Whitethorn area, on both sides of Stanley Creek Road, and to the east of Briceland Thorne Road. The project involves portions of APNs 215-181-037, 215-191-042 and 215-192-021.
Current Land Use & Zoning
APN 215-181-037: Residential Agriculture (RA-20) and Timberland (T) land use designation, Unclassified (U) and Timber Production Zone (TPZ) zoning.
APN 215-191-042: Residential Agriculture (RA-40) and Timberland (T) land use designation, Unclassified (U) and Timber Production Zone (TPZ) zoning.
APN 215-192-021: Residential Agriculture (RA-40) and Timberland (T) land use designation, Unclassified (U) and Timber Production Zone (TPZ) zoning.
Proposed Land Use and Zoning
APN 215-181-037: Timberland (T) land use designation, Timber Production Zone (TPZ) zoning.
APN 215-191-042: Timberland (T) land use designation, Timber Production Zone (TPZ) zoning.
APN 215-192-021: Timberland (T) land use designation, Timber Production Zone (TPZ) zoning.
Petition
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 processing, further review and more in-depth analysis will be performed by staff prior to presenting the matter to the Board for consideration. The 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.
Requirements for Accepting the Petition:
The General Plan Amendment and Zone Reclassification Petition is consistent with the required General Plan and Zoning Ordinance findings and criteria.
To accept a petition for amendment of the General Plan Land Use Designation and Zoning of a property, the Board of Supervisors must be able to make 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.
In addition, the Board must also determine the revision is not appropriate for the next scheduled update.
Lastly, for approval of General 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:
The Applicant submitted a letter (Attachment 2) requesting a General Plan Amendment and Zone
Reclassification petition and provided information to support the request, based on the following
finding:
A/D- Base information or physical conditions have changed (A) and maintain established uses otherwise consistent with a comprehensive view of the Plan (D). Over the last decade, the subject parcels or the parcels directly adjacent to the subject parcels have been acquired by the Applicant. These acquisitions have resulted in a working forest that is contiguous with other Timberland (T) and Timber Production Zone (TPZ) parcels in their ownership. The three APNs associated with this petition have a combined acreage of 1,035.2-acres. Under this petition, the applicant is requesting the land use designation and zoning be changed for portions of these parcels, totaling 128.4-acres. In addition, these parcels had a General Plan designation of T prior to the 2017 General Plan update, however the owners at the time requested a change to Residential Agriculture, which was implemented. The parcels proposed for the land use change and zone reclassification have been managed for timber as early as the 1940’s and management for timber production is the current and anticipated future use for these parcels. Given the established land use pattern and historic land use, staff supports portions of the three parcels be changed back to historic designations to reflect current use.
Not appropriate for the next scheduled update:
The uses established on the parcels are already existing and it is more appropriate for the General Plan Amendment and Zone Reclassification to be processed as soon as possible to resolve the discrepancy rather than wait for the next formally scheduled update, which is slated to occur in 2027.
Amendment is in the public interest and consistent with Guiding Principles:
The proposed General Plan Amendment is in the public interest and is consistent with the Guiding Principles of the General Plan. The three involved parcels that contain portions of areas identified in the petition to be redesignated Timberland (T) and Timber Production Zone (TPZ), are within and adjacent to parcels also designated T and TPZ, under the same ownership. The Guiding Principles of the General Plan provide a framework for the overall objectives and intended protection of community values to preserve the County’s unique character and quality of life. Protecting forest and agricultural lands for continued timber and agricultural production by way of appropriately balancing regulations and incentives is consistent with this petition. Placing the parcels within the T and TPZ designation for supporting agriculture and timber ecosystem services is in the public interest and consistent with the Guiding Principles of the General Plan.
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 processing the application.
STAFFING IMPACT:
Should the Board accept the position a planner will work on the rezone and general plan amendment application. This can be accomplished with existing staff in the Planning and Building Department.
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 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: Draft Resolution
Attachment 2: Applicant Petition Submittal
Attachment 3: Location Map
Attachment 4: Zoning Consistency Matrix
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A