To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
A Petition from Bear Clover Ranch to Amend the General Plan on 600 Acres from Residential Agriculture to Timberland. If Approved, this Amendment Would Allow for a Zone Reclassification on 600 Acres from Forestry Recreation [FR-B5(40)] And Agriculture Exclusive (AE) to Timber Production Zone
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached resolution (Attachment 1) to make the required findings for acceptance of the petition and to accept the petition for processing; and
2. Direct the Clerk of the Board to give notice of the decision to accept the petition for processing to the applicant 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:
The Board is being asked to accept a petition for processing for an applicant-initiated General Plan Amendment to change the land use designation of approximately 600 acres of Bear Clover Ranch, owned by Thure Family Investments, LLC, from Residential Agriculture (RA 40) to Timber (T). This change will make the General Plan Designation consistent with the historic management of the parcels and will maintain established uses of the parcels. A zone reclassification would follow the General Plan Amendment that would see the parcels zoned entirely as Timber Production Zone (TPZ).
The applicant submitted a letter supporting the findings required to make an amendment to the General Plan (Attachment 2). As to the zone reclassification, Humboldt County Code section 312-50.8 allows submittal of an application to rezone property to Timberland Production Zone without first filing for a petition to allow the application to be processed.
The project site is in the Dinsmore area, approximately 2 miles northwest of the community of Dinsmore, on properties located in Sections 20, 28, 29, 30 and 31 of Township 2 North, Range 5 East Humboldt Base & Meridian.
There are 16 parcels included in this petition. Most of them are currently planned Residential Agriculture (RA) and zoned Forestry Recreation with a combining zone specifying a minimum parcel size of 40 acres [FR-B5(40)]. One additional parcel would be included in the zoning reclassification request but has an existing land use designation that is consistent with the proposed TPZ zoning (Timber). The parcels existing and proposed Land Use designation amendments, and prosed zone reclassification are described in Attachment 2 - Applicant’s Petition Letter and Attachment 3 - Site Plan.
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 determine whether 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:
D -The petition proposes making the General Plan designation consistent across the applicant’s land holding and within their individual parcels. The applicant states that these parcels meet the definition of “Timberland” and stocking standards, and that the goal of forest management warrants a General Plan Amendment. The proposed change will make the land use designation more consistent with the proposed use of the parcels.
E -Though the proposed petition does not specifically address any of the Guiding Principles in Section 1.4, the petition does encourage, incentivize and support agriculture, timber ecosystem services and compatible uses on resource lands (Principal 1.4.6) by reclassifying the entirety of the land holdings as Timer Production Zone.
Not appropriate for next scheduled update:
The proposed project is at the landowner’s request to complete in a timeline that does not align with the next update.
Public Interest:
It is in the public interest to change the designation from Residential Agriculture to Timberland to facilitate TPZ zoning. From the 2017 General Plan: “While forestlands are unquestionably the County’s greatest long term economic asset, they are also the County’s greatest natural resources asset, providing a wealth of ecological values. They influence the supply and quality of water resources. They provide habitat for wildlife and plants, some of which is critical to endangered species. And because trees remove carbon from the atmosphere, they are pivotal to the state’s efforts to reduce greenhouse gas emissions.” The General Plan acknowledges the public interest in maintaining forest lands for timber and ecosystem uses.
Consistent with the General Plan:
Forest Resources Implementation Measure 2 in the Humboldt County General Plan states that the County shall: Develop Incentive Program to Encourage Timber Production and Ecosystem Values. Develop incentives for property owners and forestland managers to encourage continued timber production and ecosystem services on forestlands. The proposed change to Timberland would reduce the likelihood of further subdivision of the subject parcels, thus preserving the productive capacity of the land and its ecosystem value.
Consistent with the Humboldt County Code:
The adjustment of the zone from Forestry Recreation to Timber Production Zone is consistent with Humboldt County Code. The Forestry Recreation zoning designation is reserved for lands where both timber production and recreation are encouraged. The Applicant has submitted evidence that shows the most preferable use of the property is for timber production. The Timber Production Zone is the preferred zoning designation for lands where the use of the land is for timber production.
Residential Density:
Nine of the parcels were included in the 2019 Housing Element Inventory and the proposed general plan amendment and zone reclassification would reduce the residential density however the reduction in density can likely be found consistent with the County’s housing element.
These parcels are undeveloped and vacant and not proximate to public facilities, and are in the above moderate housing income category. According to the General Plan, Chapter 8 table 8-5 in the updated 2019 Housing Element, projected fair share housing needs in the Above Moderate-income category are 583 units. In table 8-6, residential land inventory identified within the Above Median-income category (RR, RA and RE Zoning Groups) is 1,116 parcels, with 1,214 potential housing units. This indicates the capacity of the Above Moderate-Income housing inventory is over double the projected need. Should the nine parcels be removed from the Above Moderate-Income housing inventory and converted to Timber lands, the remaining identified parcels are more than sufficient to meet the target need.
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:
The administrative cost of the general plan amendment and zone reclassification does not impact the General Fund. The applicant is responsible for paying all actual costs involved. If the Zone Reclassification is approved, there will be a reduction in property tax revenue.
OTHER AGENCY INVOLVEMENT:
The project was referred to County Counsel. 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.
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 believe 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’s Petition Letter
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A