Trinity 7277 LLC-Edwards Zone Change (Z-18-01) Page 1

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1 SISKIYOU COUNTY PLANNING COMMISSION STAFF REPORT May 16, 2018 AGENDA ITEM No. 2: APPLICANT: TRINITY 7277 LLC-EDWARDS ZONE CHANGE (Z-18-01) and BOUNDARY LINE ADJUSTMENT (BLA-17-10) Lindsay Wurlitzer 35 Oak Knoll Drive Healdsburg, CA PROPERTY OWNER(S): Trinity 7277 LLC James & Cheryl Edwards, Trustees 35 Oak Knoll Drive of the Edwards 2004 Revocable Trust Healdsburg, CA Summit Woods Drive Los Gatos, CA REPRESENTATIVE: Robert Martin, PLS P. O. Box 11 Montague, CA PROJECT SUMMARY: LOCATION: GENERAL PLAN: CURRENT ZONING: PROPOSED ZONING: Proposed General Rule Exemption and Zone Change to reclassify approximately 0.27+/- acres from Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) to Timberland Production District (TPZ), and 0.27+/- acres from TPZ to R-R-B-40. Concurrent with the proposed rezone, the applicant requests approval of a boundary line adjustment (BLA 17-10) between two parcels as detailed in Table 1, below. The BLA would resolve certain encroachment issues currently existing between the owners shared property line.. The project site is located at and Coffee Creek Road, approximately miles southeast of the community of Cecilville, Siskiyou County, Calif., on APNs and ; Township 37N, Range 9W, Section 31, MDB&M (Latitude N, Long W). Excessive Slopes; Surface Hydrology; Wildfire Hazard (Very High) Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40); Timberland Production District (TPZ) The overall zoning at the project site would remain the same. No decrease or increase of the zoning districts would occur with the transfer of equal acreage by boundary line adjustment process between the two parcels. EXHIBITS: A. Recommended Findings B. Resolution PC , A Resolution of the Planning Commission of the County of Siskiyou, State of California, Recommending That the Board of Supervisors Approve the Trinity 7277 LLC-Edwards Zone Change (Z-18-01) and Boundary Line Adjustment (BLA-17-10) Trinity 7277 LLC-Edwards Zone Change (Z-18-01) Page 1

2 Planning Commission Staff Report May 16, 2018 BACKGROUND B-1. Notations and Recommended Conditions of Approval C. Draft Ordinance Amending Sectional District Map No D. Public and Agency Comments E. BLA Administrative Staff Report The applicant has applied for a zone change to rezone approximately 0.27+/- acres of a acre parcel (APN ) from Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) to Timberland Production District (TPZ), and reciprocal rezone of approximately 0.27+/- acres of a acre parcel (APN ) from TPZ to R-R-B-40. Concurrent with the rezone, the applicant has submitted an application for a boundary line adjustment (BLA-17-10) that would transfer the acreage located on the shared property line between the two parcels. Should the zone change and boundary line adjustment be approved by the Board of Supervisors, the approved BLA could then be recorded, resulting in the acreage detailed in Table 1, below. The BLA lot configuration is detailed in Figure 4 of this staff report. The Administrative Staff Report for the BLA is attached as Exhibit E. The project site encompasses a total of acres and consists of two separate legal parcels: the Edwards Trust Parcel, which encompasses approximately acres, and the Trinity 7277 LLC Parcel which encompasses approximately acres. Both parcels are developed with existing single-family dwellings served by individual, permitted on-site sewage disposal systems. When recorded, the Boundary Line Adjustment would simultaneously convert the existing easements as described in that Easement Agreement recorded as Document No , Siskiyou County Records, between the two parcels in order to maintain the exact pre-existing acreage of each parcel by boundary line adjustment action pursuant to the instructions of said Easement Agreement. This action would result in one acre-sized parcel zoned TP and one acre-sized parcel zoned R-R-B-40. TABLE 1 PROPOSED BLA (BLA-17-10) Owner APN Original Acreage Adjustment Final Acreage Trinity 7277 LLC /-0.27 Ac Edwards Trust /-0.27 Ac Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 2

3 Planning Commission Staff Report May 16, 2018 FIGURE 1: BLA EXHIBIT MAP (excerpt) FIGURE 2: TOPO MAP/PROJECT LOCATION Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 3

4 Planning Commission Staff Report May 16, 2018 FIGURE 3: AERIAL IMAGE WITH EXISTING PROPERY LINES ANALYSIS Approximately acres of the project site are currently zoned Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) and approximately acres are currently zoned Timberland Production District (TPZ). The project site is located in an extremely remote area of southern Siskiyou County. The terrain varies from flat to gently sloping in the northern and eastern portions which lie about the 5,000 foot elevation to steep granite formations along the western and southerly portions of the properties. Forest cover is primarily fir, cedar and pine trees, interspersed with brush and open areas and several high mountain lakes. Both parcels are accessed from Trinity County via State Highway 3 and Coffee Creek Road. The site is surrounded on four sides by private property zoned TPZ and R-R. Because of the remoteness and the elevation, the area is open to primarily recreational uses from late spring through early fall. The TPZ zoning district is intended to encourage the production of timber, to protect immature trees so that they may eventually be harvested, and to provide for the restricting of the uses of timber land to the production of timber products in compatible uses. The TPZ district is directed to those areas dedicated to the growing, conserving and production of timber in areas of sufficient size to be economically feasible. Pursuant to SSC, Section , a parcel zoned TPZ shall not be divided into parcels containing less than (40) acres The R-R district is intended to provide an area where rural residential uses can be compatibly mixed with commercial agricultural activities. Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 4

5 Planning Commission Staff Report May 16, 2018 FIGURE 4: BLA PROPOSED CONFIGURATION FIGURE 5: EXISTING ZONING Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 5

6 Planning Commission Staff Report May 16, 2018 FIGURE 6: EXCESSIVE SLOPES FIGURE 7: ZONE CHANGE MAP Permitted uses in the TPZ zoning district include the growing and harvesting of timber, recreational and educational uses that do not include permanent structures, grazing, and a single-family residence, provided a Timber Management Plan has been prepared (Section ). Permitted uses in the R-R Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 6

7 Planning Commission Staff Report May 16, 2018 district include one single-family residence, small acreage farming, crop and tree farming, accessory uses, an administratively approved second dwelling and one guesthouse. General Plan Consistency The Land Use Element of the Siskiyou County General Plan identifies the project site as being within the mapped resource overlay areas for Excessive Slopes, Surface Hydrology, and Very High Wildfire Hazard. In addition, planning staff has identified that Composite Overall Policies 41.3(e), 41.3 (f), 41.5, 41.6, 41.7, 41.9, 41.15, 41.18, and 41.19(b) apply to the proposed project. Staff has conducted a detailed analysis of each of the required findings and has found that the proposed project is consistent with the applicable General Plan policies governing the subject site. In addition, the use as conditioned would be compatible with the surrounding land uses, has adequate roadway access for transportation and public health and safety provisions, and would not create environmental impacts to on- or off-site resources. The recommended findings are detailed in the General Plan Consistency Findings section of Exhibit A attached to this staff report and are submitted for the Commission s review and consideration. Zoning Consistency The project site is zoned Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) and Timberland Production District (TPZ). Should the zone change be approved, the zoning designations at the site would remain the same; and the acreage of each zoning designation, upon recordation of the boundary line adjustment, would remain the same as well. The purpose of the rezone is to allow for the Boundary Line Adjustment while conforming to zoning code standards preventing unnecessary split zoning on the subject parcels. Similar to the project site, adjacent parcels are zoned for residential, agricultural, and timber production. Table 2, below, details the current zoning and land use on adjacent properties. TABLE 2 SURROUNDING ZONING AND CURRENT LAND USE Location Zoning Current Use* North R-R-B-40 Developed, Open Space South R-R-B-40 Vacant, Open Space East TPZ Developed, Open Space, Timber Production West R-R-B-40 Vacant, Open Space R-R-B-40 = Rural Residential Agricultural, 40-acre minimum parcel size TPZ = Timberland Production * The uses listed are based on staff s review of Assessor records and aerial images from the year Rezoning of TPZ Lands County Code Section et seq. details the County s land use regulations regarding the TPZ zoning district, including minimum parcel size requirements and minimum qualification(s) for inclusion. Generally speaking, the minimum parcel size is 160 acres with the potential for smaller parcels based on the quality of soils and potential for timber. The resulting TPZ parcel, as proposed by the BLA, is approximately acres in size which is consistent with County Code requirement. Timber Preserves are also regulated by the state under Government Code Section et seq. Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 7

8 Planning Commission Staff Report May 16, 2018 Government Code Section et seq. REMOVAL FROM TPZ ZONING DISTRICT According to State law, there are two ways to rezone property from TPZ to a different zoning district: (1) a rezone that becomes effective 10 years from the date of approval; and (2), an immediate rezone. The 10-year roll-out from TPZ is regulated under Government Code Section et seq., and the immediate rezone is regulated under Government Code Section et seq. The applicant has requested an immediate rezone. Under Government Code Section 51130, a property owner may request an immediate rezone from TPZ to some other zoning district. There are two different processes for an immediate rezone, depending on whether a Timberland Conversion Permit is required pursuant to Public Resources Code Section Since no development is proposed as part of this zone change and boundary line adjustment, it is not anticipated that a Timberland Conversion Permit would be required. Should there be conversion of timberland to a non-timber use, a Timberland Conversion Permit would be required pursuant to 14 CCR INCLUSION INTO TPZ ZONING DISTRICT Government Code Section allows an owner of timberlands in a timber production zone to petition the Board of Supervisors to add to his timber production lands those lands that are contiguous to the timberland already zoned as timberland production and that are timberland capable of producing an average of 15 cubic feet of timber per acre annually. Government Code Section states the following: (a) After March 1, 1977, an owner with timberlands in a timberland production zone pursuant to Section or may petition the board or council to add to his or her timberland production lands that meet the criteria of subdivisions (f) and (g) of Section and that are contiguous to the timberland already zoned as timberland production. Section shall not apply to these lands. The subject existing parcel (APN ), prior to approval and recordation of BLA-17-10, is located within a timberland production zone and meets the criteria of Government Code Section (f) and (g), which state the following: (f) Timberland means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. (g) Timberland production zone or TPZ means an area which has been zoned pursuant to Section or and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). Said parcel (APN ), subsequent to approval and recordation of BLA-17-10, will include an additional approximately 0.27 acres of land that the property owner is requesting be rezoned to TPZ to keep the parcel zoning consistent. This 0.27 acres is comparable to the 0.27 acres that is to be transferred to the adjacent parcel (APN ) through BLA Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 8

9 Planning Commission Staff Report May 16, 2018 Prior to approval of the BLA application, the subject land proposed for rezone to TPZ was under separate ownership. However, upon recordation of the BLA and conveyance documents, the area proposed to be rezoned would be under single ownership of Trinity 7277 LLC. Therefore, the proposed inclusion of the subject 0.27 acres into TPZ meets the requirements of Section Recommended findings regarding the inclusion are detailed in Exhibit A. Should the zone change be approved, a copy of the certification of rezoning together with the map and assessor s parcel number for the rezoned land shall be recorded, and such land shall be assessed on the same basis as real property is assessed generally in Siskiyou County. Upon immediate rezone, a tax recoupment fee shall be imposed on the owner of the land. Within 90 days following the rezoning of the land, the County Assessor shall reassess the rezoned parcels on the basis of value of the property in its rezoned use (Government Code Section et seq.). PRELIMINARY PROJECT REVIEW A Project Application Review was circulated to Siskiyou County Reviewing Agencies and State Responsible Agencies. As a result, the Planning Division received comments from the California Department of Fish and Wildlife (CDFW), the Siskiyou County Environmental Health Division, and the California Department of Forestry and Fire Protection (Cal Fire). Comments received are summarized below and are included in their entirety in Exhibit D. AGENCY COMMENTS: Environmental Health March 12, 2018 Environmental Health has reviewed the proposed project and has no objections to the project as submitted. This Zone Change has no adverse effects on any existing improvements on either parcel. CDFW March 20, 2018 CDFW stated they have no comments on this project. Cal Fire March 26, 2018 Cal Fire stated that Public Resources Code Section 4290 requirements are not applicable to this project. ENVIRONMENTAL REVIEW Staff evaluated the project s potential for environmental impacts by reviewing the proposed rezone and boundary line adjustment relative to Appendix G of the California Environmental Quality Act (CEQA) Guidelines. Further, given that, with completion of the BLA, there will be no reduction in TPZ zoning thereby eliminating potential impacts to forestry resources, it was determined that the rezone and boundary line adjustment, as proposed, would not adversely impact the environment, including forestry resources on the affected properties and/or neighboring properties. This is, in part, because both the R-R-B-40 and TPZ zoning districts allow for commercial timber production. In addition, because so little acreage would be affected by the project, and because permitted uses in the two zoning districts are substantially similar, other environmental resources would not be adversely impacted as a result of the project. Most importantly, future development potential on either parcel would remain unchanged, as the theoretical number of dwelling units that could be constructed on the properties under current zoning would remain the same. Therefore, the proposed rezone and boundary line adjustment would not result in the potential for a significant change in land use or the environment. Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 9

10 Planning Commission Staff Report May 16, 2018 Because there is not substantial evidence, in light of the whole record before the County, that the proposed rezone and boundary line adjustment 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. In addition, the proposed boundary line adjustment is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations. Section exemptions include minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. Although, as shown by aerial maps and topographic overlays, the area is affected by extreme slopes, the slopes at the project site have been determined, by use of topographic map overlays and direct on-site observation of the applicant s professional representative, to be relatively flat with an average slope of less than 20 percent. In making their recommendation to the Board of Supervisors, the Planning Commission must consider the proposed CEQA exemptions together with any comments received during the public review process. Further, the exemptions can only be approved if the Board of Supervisors finds, based on the whole record before it, that there is not substantial evidence that the project will have a significant effect on the environment PUBLIC COMMENTS: No public comments have been received as of the writing of the staff report PLANNING STAFF RECOMMENDATION Recommend that the Board of Supervisors adopt the general rule exemption and the categorical exemption subject to the findings in Exhibit A. Recommend that the Board of Supervisors approve the Zone Change (Z-18-01) and Boundary Line Adjustment (BLA-17-10) subject to the findings in Exhibit A and notations and conditions of approval in Exhibit B-1. PLANNING STAFF RECOMMENDATION I move that we adopt Resolution PC , A Resolution of the Planning Commission of the County of Siskiyou, State of California, Recommending that the Board of Supervisors Approve the Trinity 7277 LLC-Edwards Zone Change Request (Z-18-01) and Boundary Line Adjustment (BLA-17-10). PREPARATION Prepared by the Siskiyou County Planning Division. For project specific information or to obtain copies for your review, please contact: Pam Piemme Associate Planner Siskiyou County Planning Division 806 S. Main Street, Yreka, California Trinity 7277 LLC-Edwards Zone Change(Z-18-01) Page 10

11 Exhibit A Recommended Findings Trinity 7277 LLC Edwards Zone Change (Z-18-01) FINDINGS GENERAL PLAN CONSISTENCY FINDINGS MAP 5: Policy 11. EXCESSIVE SLOPES All areas with 30% or greater natural slope shall not be developed with facilities requiring septic tanks for sewage disposal. Environmental Health does not permit septic systems on areas with 30% or greater slope. Although development of the site is not proposed with the zone change or concurrent boundary line adjustment, this policy would be enforced with the review of any development applications(s) for septic system approval. MAP 8: Policy 27. SURFACE HYDROLOGY No residential or industrial development shall be allowed on water bodies. Exceptions may be considered for water supply, hydroelectric power generation facilities, public works projects necessary to prevent or stabilize earth movement, erosion, and the enhancement of migratory fish and other wildlife, light commercial, open space, non-profit and non-organizational in nature recreational uses, and commercial/recreational uses. The project does not propose development on or near any of the existing water bodies. The proposed zone change would facilitate a boundary line adjustment to align property boundaries so as to establish an existing large scenic pond entirely within the boundaries of the Trinity 7277 LLC parcel. MAP 10: Policy 30. WILDFIRE HAZARD All development proposed within a wildfire hazard area shall be designed to provide safe ingress, egress, and have an adequate water supply for fire suppression purposes in accordance with the degree of wildfire hazard. No development is proposed with this zone change and concurrent boundary line adjustment. Should the parcels be developed with structures in the future, Cal Fire PRC 4290 requirements, as applicable, would need to be satisfied. COMPOSITE OVERALL POLICIES Policy 41.3(e) All proposed uses of the land shall be clearly compatible with the surrounding and planned uses of the area. Subsequent to the proposed zoning and boundary line adjustment, the zoning designations at the site will remain the same. The acreage of each zoning designation will remain unchanged upon recordation of the proposed boundary line adjustment. Surrounding zoning designations include Rural Residential Agricultural (R-R) and Timberland Production District (TP) zoning designations. Policy 41.3(f) All proposed uses of the land may only be allowed if they clearly will not be disruptive or destroy the intent of protecting each mapped resource. Page 1

12 Exhibit A Recommended Findings Trinity 7277 LLC Edwards Zone Change (Z-18-01) The proposed zone change and concurrent boundary line adjustment would not be disruptive to the mapped resources, as discussed herein. Policy 41.5 All development will be designed so that every proposed use and every individual parcel of land created is a buildable site, and will not create erosion, runoff, access, fire hazard or any other resource or environmentally related problems. No development is associated with the proposed zone change and concurrent boundary line adjustment. At the time of any future development, should development be proposed, the property owner would need to prove to the County and other permitting agencies adequate water supply, adequate area for sewage disposal system, and adequate access that meets Cal Fire requirements. Policy 41.6 There shall be a demonstration to the satisfaction of the Siskiyou County Environmental Health Division and/or the California Regional Water Quality Control Board that sewage disposal from all proposed development will not contaminate ground water. No development is proposed or anticipated with this zone change and concurrent boundary line adjustment. Should development be proposed in the future, proven adequate area for sewage disposal that does not contaminate groundwater would be required prior to issuance of a sewage disposal permit from the respective permitting agency. Policy 41.7 Evidence of water quality and quantity acceptable to the Siskiyou County Environmental Health Division must be submitted prior to development approval. Prior to issuance of a sewage disposal permit, proof of adequate water supplies would be required for development approval. Policy 41.9 Buildable, safe access must exist to all proposed uses of land. The access must also be adequate to accommodate the immediate and cumulative traffic impacts of the proposed development. Currently, access to the existing parcels is via Coffee Creek Road from State Highway 3 in Trinity County. The proposed zone change and concurrent BLA would not alter existing access. Policy The intent of all development policies specified by percentage of slope is that the percentage of slope determines density. It is the intent of this policy to not prohibit a specified density in cases whereby a very small portion of a particular site may contain an excessive slope area, or varying terrains. Although a large portion of the site contains slopes in excess of 30 percent, there are adequate areas under 30 percent slope at the project site. The proposed zone change and concurrent boundary line adjustment would not increase density of the site. Page 2

13 Exhibit A Recommended Findings Trinity 7277 LLC Edwards Zone Change (Z-18-01) Policy41.18 Conformance with all policies in the Land Use Element shall be provided, documented, and demonstrated before the County may make a decision on any proposed development. All applicable Land Use Element policies were analyzed for this project, as detailed herein. The project would be consistent with said policies. Policy41.19 It is the intent of all the policies in the Land Use Element to accomplish the following: (b) Ensure compatibility of all land uses. The proposed zone change and concurrent boundary line adjustment would not result in an incompatibility of land uses. The zone change would not increase density or development potential at the site. ZONE CHANGE AMENDMENT AND ZONING CONSISTENCY FINDINGS 1. The proposed zone change is consistent with the applicable elements and policies of the Siskiyou County General Plan, as documented herein above. 2. The proposed zone change application is consistent with Siskiyou County Code Title 10, Chapter 6, Article The proposed zone change to Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B- 40) and Timberland Production District (TPZ) is consistent with existing and permitted land uses surrounding the project site. 4. The proposed zone change is compatible with the surrounding zoning of Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) and Timberland Production District (TPZ). 5. The existing parcels are consistent with the Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) and Timberland Production District (TPZ) districts. Additionally, the parcels approved with the concurrent boundary line adjustment meet the proposed zoning designations. TIMBERLAND PRODUCTION ZONE IMMEDIATE REMOVAL GOV T CODE SECTION et seq. Government Code Section et seq. regulates the immediate rezone of land from a Timberland Production Zone to other zoning districts. Section details the required findings where a Timber Conversion Permit is not required pursuant to Public Resources Code Section The following recommended written findings would need to be adopted by a four-fifths vote of the full board for the immediate removal of the.27 acres from Timberland Production Zone. Recommended Government Code Section Findings: (1) The immediate rezoning would be in the public interest. Currently, both property owners need to resolve existing encroachment issues pursuant to that Easement Agreement recorded Oct 25, 1991 as Document No , Siskiyou County Page 3

14 Exhibit A Recommended Findings Trinity 7277 LLC Edwards Zone Change (Z-18-01) Records. The approval of the rezone would facilitate a boundary line adjustment to eliminate these issues. No public interests are involved in this proposed rezone. (2) The immediate rezoning does not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland production and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed. The area within one mile of the proposed rezone is largely in timber production and open space, consisting of both privately-owned and public lands. The proposed rezone is minor in the context of the entire project site since, ultimately, there will be no net acreage reduction of TPZ zoned land, with the parcel size remaining unchanged upon completion of the BLA. The proposed rezone will not result in additional development opportunities or an increase in population density. The proposed rezone will not have a substantial and unmitigated adverse effect on timber-growing or open space uses. (3) The soils, slopes, and watershed conditions will be suitable for the uses proposed by the applicant if the immediate rezoning is approved. The applicant is not proposing to develop the areas subject to the rezone. The rezone would facilitate a boundary line adjustment along a shared property line to eliminate existing encroachment issues. (4) The immediate rezoning is not inconsistent with the purposes of subdivision (j) of Section 3 of Article XIII of the Constitution and of this chapter. Due to the location of the proposed boundary line adjustment which segregates the portions of TPZ lands subject to the rezone request from the rest of the TPZ lands owned by the applicant, the approximately 0.27 acres of land is not economically viable for timber production. TIMBERLAND PRODUCTION ZONE INCLUSION GOV T CODE SECTION Government Code Section regulates the inclusion of land into TPZ where adjoining land is currently in a timberland production zone and the land proposed for rezone into TPZ is contiguous to the land and is under common ownership, if certain conditions exist. 2. The property zoned Timberland Production Zone and the property sought to be included in the Timberland Production Zone meet the requirements of Government Code section a. Trinity 7277 LLC owns an approximately 218-acre parcel zoned TPZ. b. Subsequent to recordation of the boundary line adjustment, approximately 0.27 acres of contiguous property that is timberland will be added to the adjusted TPZ zoned parcel and will be under the ownership of Trinity 7277 LLC. c. The adjoining property currently in R-R and the property to be added to the TPZ meets the criteria of Government Code Section (f) and (g). Page 4

15 Exhibit A Recommended Findings Trinity 7277 LLC Edwards Zone Change (Z-18-01) CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS 1. The Board of Supervisors find that there is not substantial evidence, in light of the whole record before the County, that the project would have a significant effect on the environment, and that the Board adopts a general rule exemption in accordance with Section (b)(3) of the CEQA Guidelines and a categorical exemption pursuant to CEQA Guidelines Section The Board of Supervisors has reviewed and considered the proposed project and all comments submitted and has determined that the record, as a whole, demonstrates that there is no evidence that the proposed project will have an individual or cumulatively significant effect. Page 5

16 RESOLUTION PC A RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF SISKIYOU, STATE OF CALIFORNIA, RECOMMENDING THAT THE BOARD OF SUPERVISORS APPROVE THE TRINITY 7277 LLC - EDWARDS ZONE CHANGE (Z-18-01) AND BOUNDARY LINE ADJUSTMENT (BLA-17-10) WHEREAS, an application has been received from Lindsay Wurlitzer, Trinity 7277 LLC, to rezone approximately.27 acres from Rural Residential Agricultural, 40-acre minimum parcel size (R-R-B-40) to Timberland Production District (TPZ), and rezone.27 acres from TPZ to R-R-B-40; and WHEREAS, the rezone covers portions of a acre site (APNs and ); and WHEREAS, the applicant concurrently submitted a boundary line adjustment application (BLA ) that can be approved upon Board of Supervisors approval of the environmental determination and zone change request; and WHEREAS, the proposed boundary line adjustment was evaluated along with the proposed rezone pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Division recommended that the project be determined exempt from CEQA under the general rule that CEQA only applies to projects with the potential to result in a significant impact on the environment (CEQA Guidelines Sec (b)(3)); and WHEREAS, the Planning Division also recommended that the project be determined categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations; and WHEREAS, the Planning Division presented its oral and written staff report on the Trinity 7277 LLC-Edwards Zone Change (Z-17-10) and Boundary Line Adjustment (BLA-17-10) at a regular meeting of the Planning Commission on May 16, 2018; and WHEREAS, the Planning Division recommended the Planning Commission recommend that the Board of Supervisors adopt the above noted CEQA exemptions for the Trinity 7277 LLC-Edwards Zone Change (Z-18-01) and Boundary Line Adjustment (BLA-17-10) and approve Z and BLA subject to the conditions of approval included in Attachment B-1 to this resolution; and WHEREAS, a Notice of Public Hearing was published in the Siskiyou Daily News on May 4, 2018; and WHEREAS, public hearing notices were provided pursuant to Siskiyou County Code Section et seq.; and WHEREAS, on May 16, 2018, the Chair of the Planning Commission opened the duly noticed public hearing on the Trinity 7277 LLC-Edwards Zone Change (Z-18-01) and CEQA determination to receive testimony, both oral and written, following which the Chair closed the public hearing and the Commission discussed the CEQA determination and Zone Change (Z-18-01) prior to reaching its decision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts the recommended findings set forth in Exhibit A of the written staff report; and Page 1 of 2 EXHIBIT B - Resolution PC

17 Resolution PC Trinity 7277 LLC - Edwards Zone Change (Z-18-01) BE IT FURTHER RESOLVED that the Planning Commission, based on the evidence in the record and the findings set forth in Exhibit A, recommends that the Board of Supervisors adopt the general rule exemption and Section categorical exemption from CEQA for the Trinity 7277 LLC- Edwards Zone Change (Z-18-01) and Boundary Line Adjustment (BLA-17-10), and approve the boundary line adjustment and zone change request subject to the notations and conditions of approval contained in Attachment B-1 to this resolution. IT IS HEREBY CERTIFIED that the foregoing Resolution PC was duly adopted on a motion by Commissioner _ and seconded by Commissioner, at a regular meeting of the Siskiyou County Planning Commission held on the 16 th day of May, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SISKIYOU COUNTY PLANNING COMMISSION Tony Melo, Chair WITNESS, my hand and seal this 16 th day of May, Christy Cummings Dawson, Secretary of the Commission Page 2 of 2 EXHIBIT B - Resolution PC

18 Attachment B-1 to Resolution PC Notations and Conditions of Approval NOTATIONS 1. Within ten (10) days following the date of the decision of the Siskiyou County Planning Commission, the decision may be appealed to the Siskiyou County Board of Supervisors. The appeal shall be filed with the Clerk of the Board of Supervisors. 2. Upon adoption of the CEQA exemptions, a check in the amount of $50 made payable to the Siskiyou County Clerk and submitted to the Siskiyou County Planning Division is necessary in order to file the Notice of Exemption. Failure to file the Notice of Exemption extends the statute of limitations for legal challenges to the CEQA exemptions from 35 days to 180 days. CONDITIONS OF APPROVAL 1. The project shall substantially conform to the project description and zone change map reviewed by the Planning Commission on May 16, 2018, and subsequently approved by the Siskiyou County Board of Supervisors. Any proposed amendment(s) shall be submitted for consideration to the Deputy Director of Planning to determine the review process pursuant to the Siskiyou County Code. 2. The applicant, shall defend, indemnify and hold harmless the County, its agents, officers and employees from any claim, action, or proceeding (collectively, "Action") against the County, its agents (including consultants), officers or employees to attack, set aside, void, or annul the approvals, or any part thereof, or any decision, determination, or Action, made or taken approving, supplementing, or sustaining, the project or any part thereof, or any related approvals or project conditions imposed by the County or any of its agencies, departments, commissions, agents (including consultants), officers or employees, concerning the project, or to impose personal liability against such agents (including consultants), officers or employees resulting from their non-negligent involvement in the project, which action is brought within the time period provided by law, including any claim for private attorney general fees claimed by or awarded to any party from the County. Said responsibilities shall be pursuant to the County s standard Agreement for Indemnification in effect at the time of application approval or Agreement for Indemnification if signed and effective prior to the date the application is approved. In the event that the applicant fails to comply with the terms of the applicable agreement, the applicant does hereby consent and agree to all remedies in said agreement and does hereby agree and consent to the County rescinding all applicable project approvals. Attachment B-1 Notations and Conditions Z Page 1

19 EXHIBIT C Draft Board of Supervisors Ordinance APPROVAL OF THIS ORDINANCE REQUIRES A 4/5 VOTE PURSUANT TO GOVERNMENT CODE SECTION REGARDING THE IMMEDIATE REZONE OF TPZ LANDS ORDINANCE NO. AN ORDINANCE OF THE COUNTY OF SISKIYOU, STATE OF CALIFORNIA, RECLASSIFYING 0.27 ACRES OF LAND FROM RURAL RESIDENTIAL AGRICULTURAL, 40-ACRE MINIMUM PARCEL SIZE (R-R-B-40) TO TIMBERLAND PRODUCTION DISTRICT (TPZ), AND RECLASSIFYING 0.27 ACRES FROM TPZ TO R-R-B-40, ON PORTIONS OF APNS AND ; SECTION 31, TOWNSHIP 37N, RANGE 9W, MDB&M THE BOARD OF SUPERVISORS OF THE COUNTY OF SISKIYOU, STATE OF CALIFORNIA ORDAINS AS FOLLOWS: SECTION I: Pursuant to Section and Section et seq. of the Siskiyou County Code, Sectional District Map No is hereby amended as shown in Exhibit A attached hereto. SECTION II: Findings Said Sectional District Map Amendment No shall be kept on file in the Siskiyou County Community Development Department - Planning Division - and made available for public inspection. A. The zone change has been analyzed in conjunction with an associated boundary line adjustment (BLA-17-10) pursuant to the California Environmental Quality Act (CEQA) and the Board of Supervisors finds: 1. The Board has reviewed and considered the project and all comments submitted and has determined that the record, as a whole, demonstrates that there is no evidence that the proposed project will have an individually or cumulatively significant effect on the environment; and 2. The project is exempt from CEQA pursuant to the general rule that CEQA applies only to projects that have the potential to result in a significant impact on the environment (CEQA Guidelines Sec (b)(3)); and 3. The project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations; and B. The zone change is in conformance with all applicable elements and policies of the Siskiyou County General Plan and Zoning Ordinance, specifically: 1. The zone change request is consistent with Siskiyou County Code Section et seq., Section et seq., and Section et seq.

20 EXHIBIT C Draft Board of Supervisors Ordinance 2. General Plan and County Code Consistency Findings, as detailed in the Planning Commission Staff Report dated May 16, 2018, and referenced in Planning Commission Resolution PC are hereby incorporated into this ordinance. C. The immediate rezone request from TPZ to R-R-B-40 is in conformance with State Government Code Section et seq., specifically: 1. The Board of Supervisors finds that the immediate rezone complies with Government Code Section 51134, as detailed in the Planning Commission Staff Report dated May 16, 2018, and referenced in Planning Commission Resolution PC are hereby incorporated into this ordinance; and 2. The existence of an opportunity for an alternative use of the land was not the only consideration as sufficient reason for granting the request for immediate rezoning. The applicant has no development plans associated with the immediate rezone. The immediate rezone is necessary to facilitate the associated boundary line adjustment; and 3. The uneconomic character of the existing use was not considered a reason for the approval of the immediate rezone. The immediate rezone is to facilitate the associated boundary line adjustment, and no change of use is proposed or anticipated with this approval. D. The rezone request to include lands into TPZ is in conformance with State Government Code Section (a), specifically: 1. Government Code Section regulates the inclusion of land into TPZ where adjoining land is currently in a timberland production zone and the land proposed for rezone into TPZ is contiguous to the land and is under common ownership, if certain conditions exist. 2. The property zoned Timberland Production Zone and the property sought to be included in the Timberland Production Zone meet the requirements of Government Code section a. Trinity 7277 LLC owns an approximately 218-acre parcel zoned TPZ. b. Subsequent to recordation of an approved boundary line adjustment, approximately 0.27 acres of contiguous property that is timberland will be added to the adjusted TPZ zoned parcel and will be under the ownership of Trinity 7277 LLC. c. The adjoining property currently in R-R and the property to be added to the TPZ meets the criteria of Government Code Section (f) and (g).

21 EXHIBIT C Draft Board of Supervisors Ordinance SECTION III: CONSITITUTIONALITY: If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION IV. This ordinance shall become effective thirty (30) days after its passage and shall, within 15 days after its adoption, be published once in the Siskiyou Daily News, printed and published in the County of Siskiyou. PASSED AND ADOPTED this day of 2018, at a regular meeting of the Board of the County of Siskiyou, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Colleen Seltzer, Clerk Board of Supervisors By: Deputy Ray A. Haupt, Chair Board of Supervisors

22 Exhibit D COMMENTS Trinity 7277 LLC Edwards Zone Change (Z-18-01) COMMENTS Exhibit D - COMMENTS

23 EXHIBIT D - COMMENTS

24 EXHIBIT D - COMMENTS

25 From: To: Cc: Subject: Date: Attachments: Messenger, Pam Piemme Christy Cummings Dawson RE: Trinity 7277-Edwards Zone Change (Z-18-01) Monday, March 26, :40:22 PM image001.png Public Resources Code 4290 is not applicable to this project. Monty Messenger Fire Prevention Bureau Chief CAL FIRE Siskiyou Unit PO Box 128 Yreka, CA From: Pam Piemme Sent: Thursday, March 8, :55 PM To: Jeff Clausen Craig Kay Nancy Hayden Rick Dean Debra Schroeder Dan Wessell Linda Isbell Kimberly Sumner Eric Olson Phil Bray Ray Haupt Whipple, Messenger, Wilson, Henderson, Hubbard, Gonzalez, Robert Martin Cc: Vurl Trytten Christy Cummings Dawson Subject: FW: Trinity 7277-Edwards Zone Change (Z-18-01) Here s the application package. Pam Piemme, Associate Planner Phone: (530) EXHIBIT D - COMMENTS

26 Siskiyou County Community Development Department From: Pam Piemme Sent: Thursday, March 08, :24 PM To: Jeff Clausen; Craig Kay; Nancy Hayden; Rick Dean; Debra Schroeder; Dan Wessell; Linda Isbell; Kimberly Sumner; Eric Olson; Phil Bray; Scott Waite; Ray Haupt; Steve Wilson Amy Henderson Kristin Hubbard Robert Martin Cc: Vurl Trytten; Christy Cummings Dawson Subject: Trinity 7277-Edwards Zone Change (Z-18-01) All Reviewing Agencies: Attached is a project summary & application for a rezone on two parcels located at & Coffee Creek Rd, in the Forks of the Salmon area, Siskiyou County. Please review the attached documents and respond to our department with any comments by March 22 nd. Thank you, Pam Piemme P. I. Piemme Associate Planner Planning Division Siskiyou County Community Development Department EXHIBIT D - COMMENTS

27 EXHIBIT E SISKIYOU COUNTY ADMINISTRATIVE STAFF REPORT April 17, 2018 TRINITY 7277 LLC and J & C EDWARDS BOUNDARY LINE ADJUSTMENT (BLA-17-10) PROPERTY OWNER(S): Trinity 7277 LLC 35 Oak Knoll Drive Healdsburg, CA Edward & Cheryl Edwards, Trustees The Edwards 2004 Revocable Trust Summit Woods Drive Los Gatos, CA REPRESENTATIVE(S): PROJECT SUMMARY: Robert Martin Professional Land Surveying P. O. Box 11 Montague, CA The proposed project involves an exchange of equal acreage between parcels per that Easement Agreement recorded as Document No , Siskiyou County Records, to simultaneously convert both described easement areas to boundary line adjustments and resolve existing encroachment issues on both parcels. Owner APN Original Final Adjustment Acreage Acreage Trinity 7277 LLC / Edwards / LOCATION: GENERAL PLAN: ZONE DISTRICT: CURRENT USE: The project site is located at and Coffee Creek Road, approximately miles southeast of the community of Cecilville, on the APNs listed in the table above, Township 37N, Range 9W, Section 31, MDM&B. (Latitude N; Longitude W) Wildfire Hazard (High); Excessive Slopes Rural Residential Agricultural, 40-acre minimum lot size (R-R-B-40); Timberland Production District (TPZ) Recreational, seasonal uses.

28 Exhibit E Administrative Staff Report BLA ENVIRONMENTAL If approved, recordation of the boundary line adjustment would be conditioned upon the County Board of Supervisors approval of the associated zone change request (Z-18-01). This means that the BLA could not be recorded unless, and until such time as, the Board of Supervisors adopts an ordinance rezoning the subject parcels. Staff has analyzed both the BLA and zone change request pursuant to the requirements of CEQA and will ultimately be making a recommendation to the Planning Commission and Board of Supervisors for their review and consideration. Based upon staff s analysis, it is anticipated that both the BLA and zone change will be determined to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (i.e. the general rule), and Section 15305, Minor Alterations in Land Use Limitations. PROJECT REVIEW: May 1, 2017 Application Submitted May 4, 2017 Water Sewer Clearance received June 12, 2017 Start of 10-day Local Review June 22, 2017 End of Local Review COMMENTS: Environmental Health June 13, 2017 Environmental Health has no objections to project as submitted. The proposed adjustment will have no adverse effects on any existing improvements on either parcel. RECOMMENDATION: Staff recommends APPROVAL of the Trinity 7277 LLC-Edwards Boundary Line Adjustment (BLA-17-10) based on the findings contained in the staff report. PLANNING DIVISION APPROVAL: Based on the findings contained within this staff report, the Planning Division of the Siskiyou County Community Development Department approves the Trinity 7277 LLC-Edwards Boundary Line Adjustment (BLA-17-10). Approved by: COUNTY OF SISKIYOU, COMMUNITY DEVELOPMENT DEPARTMENT Christy Cummings Dawson, Deputy Director of Planning Date of Approval PREPARATION: Prepared by the Siskiyou County Planning Division (P. Piemme) on April 17, Copies are available for review at Siskiyou County Planning, 806 S. Main Street, Yreka, California. BLA Page 2

29 Exhibit E Administrative Staff Report BLA ANALYSIS Parcel Creation APN is a legal parcel created as Parcel 3 of that Parcel Map for Gene and Mary Ellen Henning recorded July 27, 1990, in Parcel Map Book 10, at Page 200, Siskiyou County Records.. APN was originally created as Parcel 2 of that Waiver recorded January 11, 1980, O.R , Siskiyou County Records. It was later modified by a boundary line adjustment recorded February 9, 1982 in Volume 937, Page 052, and by that Record of Survey for Gene Henning, et al recorded April 20, 1984 in Record Survey Book 12 at page 67, Siskiyou County Records. Improvements Both parcels are developed with existing living units permitted by the Siskiyou County Building Department. The units are served by permitted, individual on-site sewage disposal systems. Zoning APN is zoned Timber Preserve (TP). APN is zoned Rural Residential Agricultural, 40-acre minimum lot size (R-R-B-40). Resulting Parcels Approval of the Trinity 7277 LLC-Edwards Boundary Line Adjustment (BLA-17-10) would transfer equal portions of land between the two parcels thus converting the existing easement areas as described in that Easement Agreement recorded as Document No to their respective parcels. The equal exchange of the two.27 acre areas between the parcels will not decrease or increase the existing parcel sizes. APN will remain legally nonconforming with regard to the 40-acre minimum parcel size. APN remains over the 40 acre minimum parcel size requirement for TP zoning district. BLA Page 3

30 Exhibit E Administrative Staff Report BLA Proposed BLA Map BLA Page 4