The Commission reviewed this application on February 9, 2023. By a 4-0 vote, the Commission recommended that the Board of Supervisors approve Zone Amendment 22-0004 (only four of the five Commissioners were in attendance at the February 9, 2023, meeting). The resolution adopted by the Commission is attached.
The Lakey Family 2008 Trust and the Thompson Family Trust et al. have requested this zone amendment to facilitate a property line adjustment. If their proposal to change the zoning for the property from the A-1-BA-27 zone district to the A-1-BA-20 and R-L-T zone districts is approved, then the zoning for the subject property would be consistent with the parcel sizes and property lines proposed under Property Line Adjustment (PLA) 22-0010.
General Plan & Zoning – The project site is in the Rural Residential B (RB) general plan land use designation and A-1-BA-27 zone district. The A-1 zone district may be applied to areas which have small scale agricultural characteristics; provided, there are no conflicts with other general plan policies. The purpose of the R-L zone district is to provide low-density rural residential living environments generally in areas remote from a community or where few services are available. The Building Site (B) district is intended to be combined with any principal district to modify the minimum lot area standard otherwise applicable in the principal district; when expressed in acres the Building Site district is specified as BA followed by the minimum lot area in acres (e.g., BA-20). In this case, both the proposed A-1 and R-L zone districts are consistent with the RB land use designation. The proposed 20-acre minimum lot area is consistent with the development pattern nearby and the resultant parcel sizes and property lines proposed under PLA 22-0010. The Mobile Home (T) combining district, which provides areas where mobile homes may be located, is also consistent with development in the vicinity.
Access & Services – The parcel proposed for rezoning and two additional parcels involved in the property line adjustment proposal are accessed from Opdyke Lane. All parcels will continue to be serviced by existing individual onsite wastewater treatment systems and private water wells. Police protection is provided by the Shasta County Sheriff’s Office and fire protection services are provided by the Shasta County Fire Department. Electric service is provided by the Pacific Gas and Electric Company and propane is currently provided by onsite storage tanks. Waste Management provides solid waste disposal service to the area.
Project Analysis – On August 19, 1986, Zone Amendment 21-86 was approved by the Shasta County Board of Supervisors to allow a rezone from the Exclusive Agricultural - Agricultural Preserve (EA-AP) zone district and the Unclassified (U) zone district to the A-1-BA-10, A-1-BA-27, and the A-1-BA-20 zone districts to facilitate Parcel Map (PM) 61-86. The intent of the zoning was to identify the land as suitable for part time agricultural and residential uses and to identify the size of each proposed lot as the minimum acreage requirement of each lot to be shown on the recorded parcel map. The tentative parcel map included approximately 353 acres of land. The rezoning and parcel map resulted in APN 031-580-010 being zoned A-1-BA-27. PM 61-86 was recorded on December 17, 1989. The recorded parcel map shows APN 031-580-010 as 25.36 acres which was later adjusted to be 25.08 acres in size as a result of PLA 33-94; the current parcel size does not meet the minimum parcel size pursuant to the A-1-BA-27 zone district.
PM 61-86 included a note indicating that no residential structures or uses would be permitted on APN 031-580-010. This note was due to the lack of soil testing required to demonstrate compliance with County Sewage Disposal Standards. In 2017, an onsite wastewater treatment system permit and subsequent residential building permits were issued on the property. Currently, APN 031-580-010 is developed with single family residential uses. PLA 22-0010 involves APN 031-580-010 and two additional adjoining parcels (APNs 031-580-006 and 031-580-012 as those APNs are assigned for purposes of the 2022 Regular Assessment Roll). APN 031-580-012 is developed with single family residential uses and APN 031-580-012 is associated with a full-time agricultural use. A portion of APN 031-580-010 is occupied with a hydrologic feature that services APN 031-580-012. The purpose of PLA 22-0010 is to convey this portion of APN 031-580-010 such that this feature would be located on the land it serves and for general estate purposes. In order to approve a property line adjustment, the proposal must be consistent with the general plan land use designation and zoning. The zoning of the lands proposed to be transferred as a result of PLA 22-0010 would be changed to make the zoning consistent with the parcel sizes and property lines that would result from the adjustment. As specified in the draft ordinance, staff recommends that the ordinance be operative upon the recordation of PLA 22-0010 to avoid the subject parcels having multiple zoning districts if for some reason the property line adjustment process is not completed by the applicants.