SISKIYOU COUNTY PLANNING COMMISSION STAFF REPORT March 21, 2018

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1 SISKIYOU COUNTY PLANNING COMMISSION STAFF REPORT March 21, 2018 NEW BUSINESS - AGENDA ITEM No. 2: JOANNE RICHARDSON TENTATIVE PARCEL MAP (TPM-17-04) APPLICANT: PROPERTY OWNER: PROJECT SUMMARY: GENERAL PLAN: ZONING: LOCATION: Terry Curry Curry Land Surveying PO Box 151 Montague, CA Joanne Richardson 3721 Copco Rd. Hornbrook, CA Proposed categorical exemption and tentative parcel map to subdivide an existing acre parcel into two parcels consisting of acres and acres. Erosion Hazard - High; Severe Septic Tank Limitations - High; Water Quality Not Potable Occasional Incidence; Prime Agricultural Soils Rural Residential Agricultural, 10-acre minimum lot size (R-R-B-10) The project site is located immediately adjacent to and on both sides of Copco Road commencing approximately 0.2 mile east of the intersection with Ager Road, east of the community of Hornbrook. Township 47 North, Range 6 West, Section 26; MDB&M; APN: (Latitude N, Longitude W) EXHIBITS: A. Tentative Parcel Map B. Proposed Findings C. Recommended Conditions of Approval D. Zoning Map E. Notice of Exemption F. Cal Fire Comments

2 Planning Commission Staff Report New Business - Agenda Item 2 March 21, 2018 BACKGROUND The approximately 25-acre project site is located immediately adjacent to and crosses Copco Road (Co. Rd. 9K02), approximately 0.2 mile east of its junction with Ager Road in Siskiyou County, California on Assessor s Parcel Number (T47N, R6W, Sec. 26, M.D.M). The project site sits on a knoll on the north side of the Klamath River. The southern portion of the site slopes down to the south and abuts the Klamath River. The northeastern portion of the site slopes in a southeasterly direction and gradually becoming relatively level adjacent to the river. (See Figure 1, Site Topography.) Onsite vegetation consists mainly of grasses, with sparse trees and brush. Soils on the project site consist of Lassen-Kuck complex and Mary-Rock complex, which are stony clays that are well-drained soils of volcanic origin, and Jenny clay, which is well-drained clay of a volcanic origin. The eastern portion of Proposed Parcel 1 and the southernmost portion of Proposed Parcel 2 contain prime agricultural Class III soils. The project site is developed with residential uses. Proposed Parcel 1 is developed with a single-family dwelling, accessory structures, a riding area and accessory structures, and is served by an existing septic system and a well that is shared with proposed Parcel 2. There are also identified grave sites on the property (see map). Proposed Parcel 2 is developed with a single-family dwelling, accessory structure, and is served by an existing septic system and the shared well. Many of the surrounding properties are similar with regard to topography and vegetation. The large acreage parcels to the north are zoned for agricultural uses and are undeveloped. Parcels to the east and west are zoned for rural residential agricultural uses and are developed with single-family dwellings and accessory structures. The project would subdivide the approximately acre parcel owned by Ms. Richardson into two parcels consisting of and acres. As noted on the tentative parcel map, an easement for ingress, egress, and public utilities bisects crosses proposed Parcel 2 and provides access to Proposed Parcel 1. (See Exhibit A, Tentative Parcel Map.) Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 2

3 Planning Commission Staff Report New Business - Agenda Item 2 March 21, 2018 Figure 1, Site Topography ANALYSIS Parcel Creation The parent parcel for the proposed tentative parcel map ( ) is a legal parcel created by grant deed on January 24, 1963 (OR ) and most recently reconfigured as a result of a boundary line adjustment (BLA-9709) recorded on July 15, 1998 (OR ). General Plan Consistency The Siskiyou County General Plan Land Use Element identifies the project site as being within the mapped overlay areas for Erosion Hazard (High), Severe Septic Tank Limitations (High), Water Quality Non-Potable Occasional Incidence, and Prime Agricultural Soils. In addition, Planning Staff has identified that Composite Overall Policies 7, 9, 10, 17, 18, 19, 20, 34, 35, 37, 41.3(e), 41.3(f), 41.5, 41.6, 41.7, 41.8, 41.9, and all apply to the proposed project. As detailed in the findings contained in Exhibit B, this project is consistent with the Siskiyou Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 3

4 Planning Commission Staff Report New Business - Agenda Item 2 March 21, 2018 County General Plan. Zoning Consistency The subject property is zoned Rural Residential Agricultural, 10-acre minimum parcel size (R-R- B-10). Given the existing zoning and the proposed lot configuration, each of the two proposed lots would need to contain a minimum of 10 acres. Proposed Parcels 1 would be approximately acres and proposed Parcel 2 would be approximately acres. As a result, each of the proposed lots would conform to the 10-acre minimum lot size. ENVIRONMENTAL REVIEW Staff evaluated the project s potential for environmental impacts by reviewing the tentative parcel map relative to Appendix G of the CEQA Guidelines. Based on this review, it was determined that the subdivision of the property, as proposed, would not adversely impact the environment, including agricultural uses on the property and neighboring properties. With regard to agriculture, the viability of prime agricultural soils on proposed Parcels 1 and 2 would not be impacted as a result of the subdivision. The areas mapped as prime soils are small (Parcel 1 +/-4.2 acres; Parcel 2 +/-3.7 acres) and will not be further divided by the proposed division. Further, future development on the proposed parcels would be limited to one accessory dwelling unit per parcel. Therefore, the proposed subdivision would not result in the potential for a significant change in land use. Because there is not substantial evidence, in light of the whole record before the County, that the proposed tentative parcel map may have a significant effect on the environment, staff is recommending that the general rule exemption be adopted in accordance with Section 15061(b)(3) of the CEQA Guidelines. COMMENTS RECEIVED The following is an analysis of the public and agency comments received. PUBLIC COMMENTS: No public comments were received as of the writing of the staff report. AGENCY COMMENTS: Environmental Health October 11, 2017 Siskiyou County Environmental Health Department affirmed that water and sewer requirements for the project had been met. Siskiyou County Air Pollution Control District February 7, 2018 Siskiyou County Air Pollution Control District has no issue with the project. Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 4

5 Planning Commission Staff Report New Business - Agenda Item 2 March 21, 2018 Public Works February 13, 2018 Siskiyou County Public Works Department had no comments on the project. Cal Fire February 20, 2018 A letter was received from Cal Fire outlining the requirements of Public Resources Code 4290 as they relate to this project. The existing driveway will need to be upgraded to meet the 4290 road standards as it now serves two parcels. PLANNING DEPARTMENT S RECOMMENDATION Find that the project is consistent with the General Plan, Zoning Ordinance, and Subdivision Ordinance pursuant to the Findings detailed in Exhibit A. Adopt the general rule exemption from CEQA in accordance with Section 15061(b)(3) of the CEQA Guidelines. Approve TPM by making the motion detailed below. SUGGESTED MOTION I move that we adopt Resolution PC , A Resolution of the Planning Commission of the County of Siskiyou, State of California, Approving the Joanne Richardson Tentative Parcel Map (TPM-17-04). PREPARATION Prepared by the Siskiyou County Planning Division. For project specific information or to obtain copies for your review, please contact: Christy Cummings Dawson Deputy Director Siskiyou County Planning Division 806 S. Main Street Yreka, California Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 5

6 Planning Commission Staff Report New Business - Agenda Item 2 March 21, 2018 Exhibit A Tentative Parcel Map Joanne Richardson - Tentative Parcel Map (TPM-17-04) Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 6

7 Exhibit B Proposed Findings March 21, 2018 Joanne Richardson - Tentative Parcel Map (TPM-17-04) FINDINGS GENERAL PLAN CONSISTENCY FINDINGS MAP 2 - EROSIONAL HAZARD The project site contains areas identified by the General Plan as being subject to erosion; however, the tentative parcel map does not identify potential building sites nor has any additional development been proposed at this time. Further, prior to issuance of building permits, a soils analysis will be required to determine whether mitigation for potential erosion may be necessary. The California Building Code contains standards for construction on erodible soils to reduce the potential risk to public health, safety and welfare. Therefore, because no additional development has been proposed at this time and because the California Building Code will govern future development of the property, no conditions of approval relative to erosion control are considered necessary. MAP 4 SEVERE SEPTIC TANK LIMITATIONS The project site is located within an area identified by the General Plan as having severe septic tank limitations. As previously indicated, the project site is developed with two existing septic systems and no additional development been proposed at this time. Further, the California Building Code contains standards for construction of septic systems in areas with severe septic tank limitations. Therefore, because no development has been proposed at this time and because the California Building Code will govern future development of the property, no conditions of approval relative to severe septic tank limitations are considered necessary. MAP 6 WATER QUALITY The project site is located within an area identified by the General Plan as having the potential for poor water quality. Both proposed parcels are served by and existing, approved well. Therefore, because no new development has been proposed and the existing parcels are served by an existing well, no conditions of approval relative to water quality are considered necessary. MAP 12 PRIME AGRICULTURE SOILS According to the General Plan, a portion of the project site contains prime agricultural soils. Some of these soils (161, 160) are Class III and are considered prime agricultural soils. Since no development is proposed beyond the creation of an additional parcel, no impacts to prime agricultural soils will occur. The prime agricultural soils are located on the northeast portion of proposed Parcel 1 and on the southernmost portion of Proposed Parcel 2 and total approximately 7.9 acres. These small prime soil areas will not be further divided by the creation of the proposed parcels and all parcels will meet the minimum lot size of 10 acres for the R-R-B-10 zoning. Because the tentative parcel map does not further divide the already small areas of prime soils and does not propose any additional development, staff does not anticipate any impacts to prime soils. COMPOSITE OVERALL POLICIES Policy 7 EROSION: No new development is proposed as a result of the parcel map. Future development may require specific mitigation to lessen the potential for soil erosion. Policy 9 SEPTIC TANK LIMITATIONS: All proposed parcels are larger than one acre, so the Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 7

8 Exhibit B Proposed Findings March 21, 2018 Joanne Richardson - Tentative Parcel Map (TPM-17-04) tentative parcel map conforms to minimum parcel sizes for septic and will not create erosion or sedimentation problems. Policy 10 SEPTIC TANK LIMITATIONS: No development is proposed as a result of the tentative parcel map. Any future development would have to comply with building and environmental health standards. Policy 17 WATER QUALITY: No development is proposed as a result of the tentative parcel map. Parcels are served by an existing approved well. Policy 18 WATER QUALITY: No development is proposed as a result of the tentative parcel map. Parcels are served by an existing approved well. Policy 19 WATER QUALITY: Both parcels exceed the one acre minimum parcel size. Policy 20 WATER QUALITY: The parcels are currently developed with rural residential uses and single family dwellings. Policy 34 PRIME AGRICULTURAL SOILS: The proposed parcels contain small areas designated as prime agricultural soils. This parcel map will not have a negative impact on the viability of those soils. Policy 35 PRIME AGRICULTURAL SOILS PARCEL SIZE: The proposed parcels will not further divide the already small areas of prime agricultural soils and the density will not create erosion or sedimentation problems. Policy 37 PRIME AGRICULTURAL USES: There is no development associated with the tentative parcel map and the proposed parcels will continue to have rural residential agricultural uses. Policy 41.3(e) - COMPATIBILITY: The project site is bordered by rural residential agricultural uses. The proposed parcel map creating two parcels would be clearly compatible with the existing rural residential agricultural uses adjacent to the project site, and would not in any way threaten the public health, safety, peace, morals, comfort, convenience or general welfare or the surrounding area. Policy 41.3(f) NOT DISRUPTIVE TO A MAPPED RESOURCE: No new development is proposed as a result of the tentative parcel map. Therefore, since no development is proposed at this time, no disruption to a mapped resource is anticipated. Policy 41.5 BUILDABLE: The tentative parcel map has been designed and conditioned to ensure there would not be a detrimental effect on the physical environment or expose populations to any natural hazard. Policy 41.6 BUILDABLE: Both parcels are served by existing approved septic systems and would not be a detrimental effect on the physical environment or expose populations to any natural hazard. Policy 41.7 BUILDABLE: Both parcels are served by an existing approved well. Policy 41.8 BUILDABLE: Both parcels are served by existing approved septic systems and would not be a detrimental effect on the physical environment or expose populations to any natural hazard. Policy 41.9 ACCESS: The project site has direct access to Copco Road. No comments were Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 8

9 Exhibit B Proposed Findings March 21, 2018 Joanne Richardson - Tentative Parcel Map (TPM-17-04) received with regard to impacts to Copco Road. The driveway accessing the Proposed Parcels will be upgraded to meet CALFIRE 4290 road standards. No new development is proposed as a result of the tentative parcel map. Policy HISTORIC FEATURES: The gravesites on Proposed Parcel 1 are identified on the map and no new development is planned in the area as a result of the tentative parcel map. Policy CONFORMANCE WITH LAND USE ELEMENT POLICIES: The staff report for the project has evaluated all applicable policies in the Land Use Element and has determined that the project is in conformance with the Land Use Element of the General Plan. ZONING CONSISTENCY FINDINGS Since the proposed parcel map creates two lots containing and acres, all lots exceed the minimum lot size required by the R-R-B-10 zoning. Therefore, the tentative parcel map conforms to the density and the development standards for the R-R-B-10 zoning district. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS Because there is not substantial evidence, in light of the whole record before the County, that the tentative parcel map would have a significant effect on the environment, Staff is recommending the general rule exemption be adopted in accordance with Section 15061(b)(3) of the CEQA Guidelines. TENTATIVE PARCEL MAP FINDINGS 1. The proposed Tentative Parcel Map, as recommended for approval, is consistent with the applicable policies of the Siskiyou County General Plan. The applicable general plan policies relative to erosion hazards, septic tank limitations, water quality, and prime agricultural soils have been discussed in detail herein above and the project was determined to be consistent with the applicable policies of the Siskiyou County General Plan 2. The resulting lots are consistent with Section of the Siskiyou County Code because the resulting lot sizes meet the 2.5-acre minimum lot size requirement for parcels requiring onsite sewage disposal systems. 3. The proposed design of the parcel map and conditions of approval recommended herein will ensure that no serious public health problems would be created by this project. 4. The proposed parcel map is consistent with the current rural residential agricultural use of the property and surrounding areas and will not have a negative impact on prime or other agricultural soils or activities. Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 9

10 CONDITIONS OF APPROVAL Exhibit C Recommended Conditions of Approval Joanne Richardson - Tentative Parcel Map (TPM-17-04) 1. The final map(s) shall be developed in accordance with the submitted tentative parcel map dated as September, The applicant shall comply with, and provide verification of compliance, with all applicable statutory requirements of the Public Resources Code 4290 and California Code of Regulations, Title 14, Fire Safe Regulations, to the satisfaction of CALFIRE and Siskiyou County Planning Division. 3. The existing driveway must be upgraded to comply with the road standards requirement of Public Resources Code 4290 to the satisfaction of CALFIRE and Siskiyou County Planning Division. 4. A Taxes and Assessments Certificate shall be obtained from the County Assessor's Office, signed off by the County Tax Collector, and submitted with the legal descriptions for recording. 5. The engineer or surveyor for the applicant shall submit two copies of the map to the Planning Division to the satisfaction of the Planning Director for review and processing along with the applicable review fees as required by the adopted fee schedule. 6. All Conditions of the Approval must be completed within 24 months of the date of approval unless a request for a time extension is made prior to the expiration date pursuant to Section of the Siskiyou County Code. Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 10

11 Exhibit D Zoning Map Joanne Richardson - Tentative Parcel Map (TPM-17-04) Joanne Richardson - Tentative Parcel Map (TPM-17-04) Page 11

12 Notice of Exemption To: Office of Planning and Research From: Siskiyou County Public Health & P.O. Box 3044, Room 113 Community Development Sacramento, CA Planning Division 806 South Main Street County Clerk Yreka, CA County of Siskiyou 510 N. Main St. Yreka, CA Project Title: Joanne Richardson Tentative Parcel Map Project Applicant: Joanne Richardson Project Location - Specific: Project is located on a acre parcel (APN ) that is located adjacent to and north of Copco Road approximately 0.2 mile east of its intersection with Ager Road, east of the community of Hornbrook. Township 47 North, Range 6 West, Section 26; M.D.M&M. Project Location - City: Not Applicable Project Location - County: Siskiyou Description of Nature, Purpose, and Beneficiaries of Project: The completed project would divide the current acre parcel into two parcels of approximately acres and acres. Name of Public Agency Approving Project: Siskiyou County Name of Person or Agency Carrying Out Project: Joanne Richardson Exempt Status: (check one) Ministerial (Sec (b)(1); 15268; Declared Emergency (Sec (b)(3); 15269(a)); Emergency Project (Sec (b)(4); 15269(b)(c)); Categorical Exemption, state type and section number: Statutory Exemption, state code number: General Rule Exemption (Sec (b)(3)) Reasons why project is exempt: Because there is no substantial evidence, in light of the whole record before the County, that the proposed tentative parcel map would have a significant effect on the environment, the project is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. Lead Agency Contact Person: Christy Cummings Dawson Area Code/Telephone/Extension: If filed by applicant: 1. Attach certified document of exemption filing. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: Deputy Director of Planning Signed by Lead Agency Signed by Applicant Authority cited: Sections and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and , Public Resources Code. EXHIBIT E - NOTICE OF EXEMPTION Revised 2011

13 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Edmund G. Brown Jr.. Governor DEPARTMENT OF FORESTRY AND FIRE PROTECTION P.O. Box Fairlane Road YREKA, CA (530) Website: February 19, 2018 Siskiyou County Department of Public Health and Community Development 806 South Main Street Yreka, CA Attention; Christy Cummings Dawson, Planning Director Subject: Richardson Tentative Parcel Map (TPM-17-04) The California Department of Forestry and Fire Protection has the following Public Resources Code 4290 requirements for the above referenced project (reference Calif. Code of Regulations Title 14, Division 1.5, Chapter 7, Article 5, Subchapter2, SRA Fire Safe Regulations): ROAD AND STREET NETWORKS , , , , , , , , NOTE: The existing driveway access will need to be upgraded to the road standard since it will now be accessing two parcels. ROAD SIGNING , , , , , , WATER STANDARDS On site water supply for fire protection is not required due to the close proximity to the local fire station (3.5 miles) and the Klamath River (1,000 feet). FUEL MODIFICATION , SEE THE ATTACHED "4290 CHECKLIST" FOR SPECIFIC CODE REQUIREMENTS. In addition to the Public Resources Code 4290 requirements, if timber is to be commercially harvested as part of this subdivision creation, the conditions set forth in the Z'berg-Nejedly Forest Practice Act of 1973 (California Code of Regulations Title 14, Division 1.5) must be adhered to. 'The Department offorestry and Fire Protection serves and safeguards the people and protects the property and resources of California. EXHIBIT F - Cal Fire Comments

14 TPM Richardson 2/19/2018 Page 2 Additional Public Resources Code 4290 requirements that must be met during subsequent building permit applications are as follows: DRIVEWAY DESIGN AND SURFACE REQUIREMENTS , , , , , , , ADDRESSES FOR BUILDING , , FUEL MODIFICATION AND STANDARDS , SEE THE ATTACHED "4290 CHECKLIST" FOR SPECIFIC CODE REQUIREMENTS. If you have any questions, please call Monty Messenger at Monty Messenger Fire Prevention Battalion Chief For: Phillip Anzo Siskiyou Unit Chief Attachment cc: file EXHIBIT F - Cal Fire Comments

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