To: Board of Supervisors
From: Planning and Building Department
SUBJECT:
title
Viltrakis Lot Line Adjustment and Zone Boundary Adjustment
File No.: APNs 206-081-001 et seq.
Case No.: LLA-17-027, ZBA-17-002
Carlotta area (4/5 Vote Required)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors introduce Ordinance No.______ (Attachment B) by title and waive further reading; open the public hearing, receive and consider the staff report, the Planning Commission’s findings and accept public comments; close the public hearing; find the project exempt from CEQA pursuant to Section 15305 and 15061(b)(3) of the CEQA Guidelines, and that there is no substantial evidence that the project will have a significant effect on the environment; make the necessary findings to approve the Lot Line Adjustment (LLA) and Zone Boundary Adjustment (ZBA) and adopt by 4/5ths vote Resolution No._____ (Attachment A) and Ordinance No._____ (Attachment B) amending Section 311-7 of the Humboldt County Code by reclassifying, through immediate conversion, approximately 1.2 acres in the Carlotta area (ZBA-17-002; Viltrakis) from Timberland Production Zone (TPZ) to Agriculture General with a combining zone specifying a five acre minimum parcel size (AG-B-5(5)) to conform to the reconfigured lot lines approved with the LLA; direct the Clerk of the Board to publish a summary of the Ordinance within 15 days after adoption of the ordinance; direct the Chair of the Board to sign and the Clerk of the Board to record a Certificate of Rezoning (Notice of Timberland Production Zone Status)(Attachment C); and direct the Clerk of the Board to give notice of the decision to the applicant/owner, the County Assessor’s Office and any other interested party, and direct Planning and Building Department to file a Notice of Exemption pursuant to California Environmental Quality Act (CEQA).
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SOURCE OF FUNDING:
Applicant Fees
DISCUSSION:
This project consists of two parts: a Lot Line Adjustment (LLA) and a Zone Boundary Adjustment (ZBA). The LLA will adjust the boundary between two parcels to result in two parcels of 6.2 acres and 654.8 acres. The ZBA will move the boundary between the Agriculture General (AG) zone and the Timberland Production Zone (TPZ) zone to the adjusted property line. Also included is the addition of a Special Building Site combining zone specifying a five-acre minimum parcel size (B-5(5)) to the smaller parcel to ensure consistency with both underlying plan designations.
Required Findings
Section 312-50 of the Humboldt County Code Zoning Regulations, Required Findings for All Amendments, amendments may be approved only if the following findings are made:
Required Findings
Section 312-50 of the Humboldt County Code Zoning Regulations, Required Findings for All Amendments, amendments may be approved only if the following findings are made:
1. The amendment is in the public interest;
2. The amendment is consistent with the County General Plan; and
3. The amendment does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law.
Planning Commission Recommendation: Based on the information contained in the Planning Commission staff report (Attachment E), the Planning Commission recommended that the required findings be made and the proposed Lot Line Adjustment and Zone Boundary Adjustment be approved. Furthermore, the project was found consistent with the Humboldt County General Plan. Specifically, the Planning Commission found:
• The Zone Boundary Adjustment is in the public interest, and is consistent with a comprehensive view of the General Plan; and
• That the project is exempt from environmental review per Section 15305(a) and Section 15061(b)(3) of the California Environmental Quality Act (CEQA); and
• The findings necessary for approval of the project can be made as indicated in the Planning Commission staff report.
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.
This action is consistent with the Board’s Strategic Framework through the Board’s core roles of enforcing laws and regulations to protect residents.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either recommended approval or conditional approval.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may choose not to approve the project. Planning Division staff believes that satisfactory evidence has been provided in the project record to support making the requisite findings. Therefore, further consideration of this alternative is not recommended.
ATTACHMENTS:
Attachment A Resolution No._____
Attachment B Ordinance No._____, Exhibit A (map), Exhibit B (legal description)
Attachment C Certificate of Rezoning (Notice of Timberland Production Status)
Attachment D Post-Adoption Summary of Ordinance
Attachment E Copy of the Planning Commission Staff Report of June 21, 2018
Attachment F Planning Commission Resolution No. 18-48