To: Board of Supervisors
From: Public Works
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Approval of Beau Pre Heights Subdivision, APN 510-011-015, McKinleyville
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Accept and approve the subdivision map (Attachment 1) for filing with the County Recorder; and
2. Accept the dedication of Norton Road to the County of Humboldt for public road purposes; and
3. Accept the dedication of Parcel B to the County of Humboldt for storm drain purposes; and
4. Accept the dedication of Parcel F to the County of Humboldt for public utility purposes; and
5. Accept the dedication of Parcel G to the County of Humboldt for non-vehicular access purposes; and
6. Accept the dedication of Parcel H to the County of Humboldt for slope purposes; and
7. Accept the dedication of Parcel J to the County of Humboldt for open space purposes; and
8. Accept the dedication of Parcel M to the County of Humboldt for public utility purposes; and
9. Accept the dedications to the County of Humboldt for Public Utility Easement (PUE) over Ashlyn Street, Hunter Street, Joia Street, Kinsey Street, Nicole Street and Talya Street; and
10. Acknowledge (not accept) the irrevocable offer of dedication of Ashlyn Street, Hunter Street, Joia Street, Kinsey Street, Nicole Street and Talya Street to the County of Humboldt for public road purposes; and
11. Acknowledge (not accept) the irrevocable offer of dedication of Parcel C to the County of Humboldt for storm drain purposes; and
12. Acknowledge (not accept) the irrevocable offer of dedication of Parcel I to the County of Humboldt for slope purposes; and
13. Acknowledge (not accept) the irrevocable offer of dedication of Parcel K to the County of Humboldt for public trail purposes; and
14. Acknowledge (not accept) the irrevocable offer of dedication of Parcel L to the County of Humboldt for storm drain purposes; and
15. Direct the Clerk of the Board to sign the subdivision map (Attachment 1) on behalf of the Board of Supervisors; and
16. Authorize the Chair to execute the Final Map Subdivision Agreement (Attachment 2) and the Covenant and Agreement to Hold Property as One Parcel (Attachment 3); and
17. Direct the Clerk of the Board to transmit the subdivision map (Attachment 1), the Covenant and Agreement to Hold Property as One Parcel (Attachment 3), the Notice of Development Plan & Notice of Geologic Report (Attachment 5), the Road Maintenance Association (Attachment 6), the Avigation Easement (Attachment 7), and the Conveyance and Agreement (Attachment 8) to the County Recorder for filing and recordation; and
18. Direct the Clerk of the Board to return the Subdivision Agreement (Attachment 2) to Public Works for processing and filing.
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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 June 14, 2011, the Planning Commission approved the Alternative Tentative Map, a Final Map Subdivision of an approximately 197.3 acre parcel, termed Beau Pre Heights Subdivision, into 79 residential parcels ranging in size from 1.03 to 4.79 acres, and an open space parcel (FMS-06-11). Pursuant to Government Code (GC) 66452.6(a), the June 14, 2011, approval of the tentative map established an expiration date of June 14, 2013. On July 15, 2011, an automatic two-year extension pursuant to GC 66452.23 extended the expiration date to June 14, 2015. On July 11, 2013, a subsequent automatic two-year time extension pursuant to GC 66452.24 extended the expiration date to June 14, 2017. On Oct. 19, 2017, the Planning Commission approved a two-year time extension pursuant to GC 66452.6(e) that extended the expiration date to June 14, 2019. On July 15, 2019, the Planning Commission approved a second two-year time extension pursuant to GC 66452.6(e) that extended the expiration date to June 14, 2021. On Aug. 13, 2021, the Planning Commission approved a third two-year time extension pursuant to GC 66452.6(e) that extended the expiration date to June 14, 2023. On Sept. 28, 2020, an automatic 18-month time extension pursuant to GC 65914.5(b) extended the expiration date to Dec. 14, 2024. On Sept. 27, 2024, an automatic 18-month time extension pursuant to GC 65914.4 extended the expiration date to June 14, 2026. Pursuant to GC 66425.6(d), the applicant has made a timely filing of the map prior to the expiration of the tentative map on June 14, 2026. GC 66425.6(d) allows for subsequent actions of the county, including, but not limited to, processing, approving, and recording, to lawfully occur after the date of expiration of the tentative map
Some of the improvements tied to the filing of the final map (Attachment 1) with the County Recorder have not been made. Pursuant to County Code Section 326-2, the property owner is requesting to enter into a Final Map Subdivision Agreement (Attachment 2) with the county to allow the map to be filed prior to the expiration of the tentative map and to defer completion of the improvements for two years.
In order to ensure that none of the lots are sold prior to the subdivision improvements being completed, Public Works requires that the property owner enter into a Covenant and Agreement to Hold Property as One Parcel (Attachment 3). The agreement allows Public Works to administratively release the covenant upon satisfactory completion of the subdivision improvements.
Pursuant to County Code Section 326-6, the property owner has provided the county with security (Attachment 4) to ensure that the deferred improvements are constructed. Public Works has reviewed and approved the security amounts. The Tax Collector has confirmed that the security submitted pursuant to County Code Section 326-6.2 meets the Tax Collector's requirements for financial stability.
The Planning & Building Department requires that a Notice of Development Plan & Notice of Geologic Report (Attachment 5) be recorded concurrently with the filing of the subdivision map.
The subdivider has elected to defer parkland dedication fees for secondary dwelling units on Lots 1 through 79. Therefore, the subdivider is conveying to the County of Humboldt development rights for secondary units until such time as the deferred fees are paid. Upon payment of deferred parkland fees for a given lot, the county will then quitclaim the restriction on the given lot which will allow for a secondary dwelling unit to be constructed. Payment is typically made upon application for a building permit for a secondary dwelling unit. The Conveyance and Agreement (Attachment 8) will be recorded concurrently with the filing of the subdivision map
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 their designee, has signed the map indicating that all taxes have been paid or secured to their satisfaction.
This subdivision has been conditioned to construct a general plan circulation route which will extend Norton Road to connect with Murray Road. Pursuant to Policy #1 of Permanent Road Division Policy agenda item approved by the Board of Supervisors on July 15, 2003, (Item F-3) Norton Road will be accepted into the County Maintained Road System without the formation of a Permanent Road Division to fund road maintenance. The remaining roads within the subdivision will be maintained by a Road Maintenance Association (Attachment 6). The remaining roads are irrevocably dedicated to the county on the map to facilitate the future formation of a Permanent Road Division subzone that would allow the remaining roads to be accepted into the County Maintained Road System. The Public Works webpage <https://humboldtgov.org/2294> describes this process in detail. The Road Maintenance Association will be recorded concurrently with the filing of the subdivision map.
Lot A is an open space lot that will be offered to McKinleyville Community Services District by separate document after filing of the map. In the event that McKinleyville Community Services District does not want the dedication, then the subdivider will be responsible for maintaining the open space lot.
The project is in proximity to the California Redwood Coast - Humboldt County Airport (ACV) and is located within Safety Zone 6. Pursuant to the 2021 Airport Land Use Compatibility Plan, the subdivider has dedicated an Avigation Easement to the county (Attachment 7). In addition, the terrain of the site penetrates the airspace surfaces defined by Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace of Subpart C of Subchapter E of Chapter I of Title 14 of the Code of Federal Regulations (14 C.F.R. Section 77.13 et seq.). Future development of the parcels within the project will require a variance pursuant to County Code 333-8. Due to the height of trees on the property, it is not anticipated that future structures would be higher than existing trees and therefore would likely not present a hazard to flight. The Avigation Easement will be recorded concurrently with the filing of the subdivision map
The subdivision's California Environmental Quality Act (CEQA) environmental document did not address development of the home sites. Additional CEQA analysis is required before building permits can be issued. Known constraints affecting lot development have been mapped and are shown on the Development Plan that is on file with the Planning & Building Department.
It is requested that the Board take the recommended actions.
SOURCE OF FUNDING:
General Fund - County Surveyor (1100168)
Road Fund (1200) for Norton Road
Subdivision Inspection Deposit Trust (3709)
FINANCIAL IMPACT:
Narrative Explanation of Financial Impact:
Other than Norton Road, a collector road, no new roads are proposed to be added to the County Maintained Road System. The remainder of the roads in the subdivision will be privately maintained until such time as the subdivider or lot owners petition the Board of Supervisors to form a Permanent Road Division to fund road maintenance.
The subdivider 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. There is a positive balance on the deposit; meaning that the subdivider will receive a refund of the remaining balance once the subdivision warranty period has concluded.
STAFFING IMPACT:
Narrative Explanation of Staffing Impact:
The recommended actions will not impact current staffing levels.
OTHER AGENCY INVOLVEMENT:
• County Recorder
• County Treasurer
• Planning & Building
• McKinleyville Community Services District
• Aviation
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. 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.
2. The Board may decline to enter into the Subdivision Improvement Agreement with the subdivider. Doing so will result in the subdivider being unable to satisfy the conditions of the tentative map. In that circumstance, the tentative map would be allowed to expire, and the subdivision process would lapse entirely, requiring the subdivider to begin again with a new tentative map and restart the Subdivision Map Act process. This action is not recommended.
ATTACHMENTS:
1. Subdivision Map (Original on file with the Clerk of the Board)
2. Final Map Subdivision Agreement (Original on file with the Clerk of the Board)
3. Covenant and Agreement to Hold Property as One Parcel (Original on file with the Clerk of the Board)
4. Subdivision Security (Original on file with the Tax Collector)
A. Subdivision Performance Bond
B. Subdivision Payment Bond
C. Maintenance Bond
D. Expense Guarantee Bond
E. Subdivision Monumentation Bond
5. Notice of Development Plan & Notice of Geologic Report (Original on file with the Clerk of the Board)
6. Road Maintenance Association (Original on file with the Clerk of the Board)
7. Avigation Easement (Original on file with the Clerk of the Board)
8. Conveyance and Agreement (Original on file with the Clerk of the Board)
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A