To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: 4/5th
SUBJECT:
title
Carolan Lot Line Adjustment and Zone Boundary Adjustment (4/5th Vote Required)
APNs: 220-271-001, 220-282-012, 220-282-013, 220-301-007
Record ID.: PLN-14387-LLA
Location: Briceland Area
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Introduce the ordinance (Attachment B) by title and waive further reading; and
2. Open the public hearing, receive, and consider the staff report, the Planning Commission’s findings and accept public comments; and
3. Close the public hearing; and
4. Adopt the attached resolution (Attachment A) to take the following actions:
a. Find the project exempt from CEQA pursuant to Section 15305(a), 15061(b)(3) and 15264 of the CEQA Guidelines; and
b. Make the necessary findings to approve the Lot Line Adjustment (LLA) and Zone Boundary Adjustment (ZBA) and
c. Approve the Lot Line Adjustment
5. Adopt the Ordinance (Attachment B) (4/5 Vote Required) amending Section 311-7 of the Humboldt County Code by reclassifying the property as follows: approximately 4.8 acres of Unclassified (U) into Timberland Production Zone, approximately 4.8 acres of Timberland Production Zone (TPZ) into Forestry Recreation with a 40-acre minimum parcel size (FR-B-5(40)) and approximately 79 acres of Unclassified (U) into Forestry Recreation with a 40-acre minimum parcel size (FR-B-5(40)); and
6. Direct the Clerk of the Board to publish a summary of the ordinance within 30 days after adoption of the ordinance (Attachment D), and
7. 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
8. Direct the Clerk of the Board to give notice of the decision to the applicant/owner, the County Assessor’s Office, the Planning Department, and any other interested party; and
9. 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 to current planning 1100277.
DISCUSSION:
The applicant is proposing a Lot Line Adjustment (LLA) between three parcels resulting in three parcels of approximately 83 acres, 155 acres and 140 acres. The project also involves a Zone Boundary Adjustment (ZBA) to adjust the zone boundary between the Timberland Production Zone (TPZ) and the Forestry Recreation with a 40-acre minimum parcel size (FR-B-5(40)) zone to follow the new lines adjusted by the LLA. The entirety of APN 220-271-001 will be zoned FR-B-5(40). Approximately 4.8 acres of Unclassified (U) lands will be zoned TPZ and approximately 4.8 acres of TPZ will be zoned FR-B-5(40), thereby resulting in no net loss of lands zoned TPZ. The project will also remedy a violation of the Subdivision Map Act by merging APN 220-282-012 into 220-282-013 prior to adjustment. The purpose of the LLA is to remedy a situation where a home was built across a property line many years ago. No development is proposed.
On Sept. 5, 2019, the Planning Commission unanimously voted recommending to the Board of Supervisors that the Carolan ZBA and LLA is 1) consistent with the California Environmental Quality Act, and 2) that the Project adheres to all local and state law and should be approved subject to Conditions of Approval.
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.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework priority 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:
Your 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._____ with Exhibit A (Map), Exhibit B (Legal Descriptions)
Attachment C Certificate of Rezoning (Notice of Timberland Production Status)
Attachment D Post-Adoption Summary of Ordinance
Attachment E Planning Commission Staff Report and Resolution No. 19-103
PREVIOUS ACTION/REFERRAL:
Board Order No.: N/A
Meeting of: Planning Commission Sept. 5, 2019
File No.: 19-1282