To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Jens & Claire Sund Coastal Development Permit
Assessor Parcel Numbers (APN) 403-031-071
Record No.: PLN-2020-16392
Mitchell Road / Eureka area
A Coastal Development Permit (CDP) is requested to authorize construction of an approximately 1,800 single-family residence on a vacant parcel. The 2.78-acre property was previously developed with a manufactured home within the same location as the proposed new residence. A prior Coastal Development Permit (CDP-06-25) was approved in 2007 for construction of a new home on the property but has since expired. In addition to re-approving new residential development on the parcel, the current Coastal Development Permit request seeks after-the-fact approval of various remediation measures taken to address issues from a 2009 violation (VIO-09-158) involving the unpermitted placement of fill on the property within the 100-foot buffer of a nearby wetland and seasonal watercourse. Following discovery of the violation, a remediation and mitigation plan was developed for the violation and implemented without the benefit of state and local review. The plan included various erosion control measures, the removal and re-contouring of perched fills from the top of an embankment, hillside stabilization measures and a revegetation plan for the riparian and wetland buffer area, and off-site mitigation involving enhancement of nearby wetland habitat on an adjacent parcel (APN 403-031-072). Additionally, in 2013 the parcel was re-acquired by the former owner and the manufactured home was removed around that time. The proposed new residence will be approximately 18 feet in height and will be served by a new on-site wastewater treatment system to be developed on the parcel. Water is already provided to the property by the Humboldt Community Services District. Four redwood trees are proposed to be removed and minimal grading is expected to be required during residential development of the site.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the following:
a. Finds the Zoning Administrator has determined that the project is exempt from environmental review pursuant to Sections 15303 and 15333 of the State CEQA Guidelines; and
b. Makes all of the required findings for approval of the Coastal Development Permit; and
c. Approves the Jens and Claire Sund Coastal Development Permit as recommended by staff and subject to the recommended conditions of approval (Exhibit 1A)
Body
DISCUSSION:
Project Location: The project is located in the Eureka area, approximately 430 feet from the intersection of Carlson Lane and Mitchell Road and approximately 1 mile from the intersection of Mitchell Road and Myrtle Avenue, on the property known as 125 Carlson Lane.
Present General Plan Land Use Designation: Rural Residential (RR), Low Instability (1).
Present Zoning: Rural Residential Agriculture with Combining Zones for Manufactured Homes and Coastal Streams and Riparian Corridors Protection (RA-2.5-M/R)
Executive Summary: A Coastal Development Permit (CDP) is requested to authorize construction of a new single-family residence on a vacant parcel, within the footprint of a manufactured home previously located on the property. The permit also seeks after-the-fact approval of various remediation measures taken to address issues from a 2009 violation involving the unpermitted placement of fill on the property within the 100-foot buffer of a nearby wetland and seasonal watercourse.
Water & Sewer req’s
A new on-site wastewater treatment system is proposed to be developed within the eastern portion of the parcel, above the break in slope. Water is already provided to the property by the Humboldt Community Services District.
Biological Resources / Wetland Buffer and Riparian Setback Reduction
Though the 2.78-acre parcel isn’t substandard in size, over two-thirds of the property lies below the break in slope and the remaining lands are constrained by the Natural Resources Protection Policies and Standards of the Humboldt Bay Area Plan (HBAP). The HBAP serves as the Local Coastal Plan for this portion of the Coastal Zone and includes policies for protection of Environmentally Sensitive Habitat Areas (ESHA) including wetlands, as well as coastal streams and associated riparian areas. Northern portions of the parcel are host to a low gradient stretch of a watercourse connecting with an unnamed tributary to Ryan Slough. The riparian area associated with this watercourse also hosts hydrophytic wetland vegetation.
Wetland Buffer Area
Policies and standards of the HBAP prescribe a 250-foot setback defined as the Wetland Buffer Area, where the 40-foot contour line or nearest paved road exceeds this distance. In the case of the project parcel, the 40-foot contour line lies below the break in slope. The Wetland Buffer provisions of the HBAP also identify that a setback of between 100 and 200 feet is applicable to new development. In the case of the proposed project, a setback of 100 feet is appropriate for the following reasons:
• a 100-foot setback roughly aligns with the 88-foot contour line and protects the majority of areas below the break in slope from future development.
• Riparian vegetation is largely confined to lower portions of the property below the 40-foot contour.
• Areas above the break in slope were cleared and domesticated long ago in concert with the prior mobile home that occupied the site up until 2013.
• A 100-foot setback is consistent with the building footprint shown on the existing Development Plan on file from the prior subdivision and Lot Line Adjustment.
• A 100-foot setback meets or exceeds the setback of residential development on neighboring properties.
Riparian Corridors
The standard riparian corridor on all perennial streams is a minimum of 100 feet from the stream transition line (the line closest to the stream where vegetation is permanently established). The riparian corridor setback and front yard setback collectively render the property unbuildable. The HBAP includes provisions permitting reduction of the width of the riparian corridor and Wetland Buffer area where it would not result in the removal of woody vegetation nor result in a significant adverse environmental effect. A site visit was conducted with California Department of Fish & Wildlife staff (CDFW) on June 13, 2023, during which it was confirmed that the area targeted for siting of the proposed residence was a comprised of a mixture of the previous home’s footprint and domesticated portions of the yard. CDFW supports the proposed reduction in the width of the riparian and wetland buffers and has requested that the project include some additional mitigation measures to further address impacts from the prior unpermitted fill. These measures include:
• replanting of additional willows at the toe of the slope / wetland margin
• Development of symbolic fencing or a hedge along the downslope side of the proposed bioswale
• Performing additional invasive species removal within the area affected by the unpermitted fill
• Restricting landscaping within the Wetland Buffer area to plant species that are native to the area and non-invasive
These measures have largely been captured within the ESHA and Riparian Buffer Enhancement Plan, which is required to be implemented, monitored, and completed as a Condition of Approval (Condition # A4). Furthermore, during the inspection it was noted that many of the unsanctioned remediation measures that had already been completed were having a positive effect on environmental conditions at the site and nearby mitigation area, and that recovery was well underway.
Additional Conditions (COA #A5 & A6) have been included requiring that the applicant prepare a Development Plan for the property and record a Notice of Development Plan. The Development Plan will provide constructive notice to future property owners of development setbacks and restrictions associated with the riparian corridor and Wetland Buffer.
Tribal Consultation:
The project was referred to the Northwest Information Center and the Tribal Historic Preservation Officers for the Wiyot Tribe, Blue Lake Rancheria, and Bear River Band of the Rohnerville Rancheria. All three Tribal Historic Preservation Officer requested the standard inadvertent discovery protocol (Condition of Approval C2).
Environmental Review: The project has been determined to be categorically exempt pursuant to section 15303 and 15333 of the CEQA Guidelines, which cover new construction of small structures including single-family residences and small habitat restoration projects. The project involves development of a new residence on a parcel that previously was developed with a residence, as well as restoration and rehabilitation work to mitigate unpermitted fill previously placed within a riparian setback and wetland buffer area.
State Appeal: As portions of the project associated with the prior unpermitted placement of fill and associated remediation efforts are located within one hundred (100) feet of a wetland, the project is appealable to the California Coastal Commission.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 4)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect not to hear this item and put the decision making in front of the Planning Commission. Any decision to place this matter before the Planning Commission must be done before opening the public hearing on this project
2. The Zoning Administrator could elect to add or delete conditions of approval
3. The Zoning Administrator could deny approval of the requested permits if unable to make all of the required findings. Planning Division staff is confident that the required findings can be made based on the submitted evidence and subject to the recommended conditions of approval. Consequently, planning staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan
2. Mapping
A. Location Map
3. Applicant’s Evidence in Support of the Required Findings
A. Request for ESHA Buffer Reduction & ESHA Enhancement Plan
B. Assessment of Wetland Impacts - Recommendations for Mitigation and Enhancement
C. Mitigation and Enhancement Monitoring
4. Referral Agency Comments and Recommendations
Applicant
Supply Creek LLC
Jens Sund
2811 E Street, Suite B
Eureka, CA 95501
jcsund101@gmail.com <mailto:jcsund101@gmail.com>
Owner
Jens & Claire Sund Trust
145 Carlson Lane
Trinidad, CA 95503
Agent
Sarah Atkins
P.O. Box 6572
Eureka, CA 95502
rnsatkins@sbcglobal.net <mailto:rnsatkins@sbcglobal.net>
Please contact Steven Lazar, Senior Planner, at slazar@co.humboldt.ca.us <mailto:slazar@co.humboldt.ca.us> or (707)268-3741 if you have questions about this item.