To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Release From Conveyance and Agreement to Allow the Construction of Second Dwelling Units on Lots 9, 21, 22, and 24 of Tract No. 676 (Former APN 508-242-044) of the Washington Terrace Subdivision Final Map Subdivision; Case Number PLN-2020-16515
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Authorize the Chair of the Board to execute the Quitclaim and Partial Reconveyance (for Development Restrictions); and
2. Direct Planning and Building Department to record the Quitclaim and Partial Reconveyance (for Development Restrictions) and send 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: Housing for All
Strategic Plan Category: 4002 - Increase and prioritize housing development
DISCUSSION:
The Planning and Building Department requests that your Board approve and execute a Quitclaim and Partial Reconveyance (for Development Restrictions) to allow construction of second dwelling units on Lots 9, 21, 22, and 24 of Tract No. 676 (Former APN 508-242-044) of the Washington Terrace Subdivision Final Map Subdivision; (File No.: APN508- 242-044; Case Number PLN-2020-16515). The parcels are located on Washington Court and Ascent Place in the McKinleyville area. They are identified as Lots 9,21, 22, and 24 of Tract No. 676 of the Washington Terrace Subdivision Final Map Subdivision.
The subdivision was filed with the Humboldt County Recorder on Dec. 26, 2023, as Tract Map No. 676 in Book 26 of Maps, Pages 18 through 21. The project involved the subdivision of 7.6 acres zoned R-1-N into 40 lots, which will accommodate 40 single-family dwelling units as well as potentially accessory dwelling units and junior accessory dwelling units. Pursuant to the Quimby Act, subdivisions require the dedication of land, or the payment of a fee, for the development of parkland to serve the recreational needs of new residents of the subdivision. The subdivider was required to satisfy one of the following requirements: (1) an offer of dedication of useable open space land to a public or private non-profit agency for public park or recreation use set forth in Section 314-110.1.5 of the Humboldt County Code; or (2) payment of a Parkland "In-Lieu Fee" consistent with the formula of Section 314-110.1.6. Pursuant to Humboldt County Code, payment of the Parkland In-Lieu Fee for second dwelling units may be deferred by entering into a conveyance and agreement with the county. The agreement provides that the county will quitclaim back to the owner the right to develop second (accessory) residential units on lots upon their payment of the pro-rated in-lieu fee amount. The subdivider opted to defer Parkland In-Lieu Fees for residential units by executing a Conveyance and Agreement (for Development Restrictions) (Attachment B). The agreement was recorded with the Humboldt County Recorder on December 26, 2023, as Instrument Number 2023-018258.
The current owner, James Furtado, President of JIF Construction, Inc., requests a Quitclaim and Partial Reconveyance (for Development Restrictions) to allow the construction of second (accessory) dwelling units on Lots 9, 21, 22, and 24 of Tract No. 676 and have submitted a payment in the amount of $3,325.39 which reflects the pro-rata fee per lot.
The requirements of Humboldt County Code and the agreement have been satisfied; therefore, the Planning Division staff supports the release from the agreement for Lots 9, 21, 22, and 24 of Tract No. 676. Planning Division staff recommends that your Board approve the release and direct the Chair to execute the Quitclaim and Partial Reconveyance (for Development Restrictions).
SOURCE OF FUNDING:
Applicant fees.
FINANCIAL IMPACT:
There will be no impact on the General Fund. The applicant is responsible for all costs involved in processing the request. The applicant will pay recording fees. In addition, the current owner has submitted payment in the amount of $3,325.39, which reflects the pro-rata share of the Parkland In-Lieu Fee per lot.
OTHER AGENCY INVOLVEMENT:
None.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The terms of the Conveyance and Agreement require the Board to execute the reconveyance upon a showing that the pro-rata parkland in-lieu fee has been paid to the County. James Furtado has made this payment and has requested reconveyance. The Board may continue the matter to a future meeting if there is a question regarding the calculation of the pro-rata fee or the submitted documentation.
ATTACHMENTS:
Attachment A: Draft Quitclaim and Partial Reconveyance (for Development Restrictions)
(Original plus a copy for conformed copy)
Attachment B: Conveyance and Agreement (for Development Restrictions), Instrument
No. 2023-018258 (recorded December 26, 2023)
PREVIOUS ACTION/REFERRAL:
Meeting of: June 10, 2025
File No.: 25-682