To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Bell Coastal Development Permit, Conditional Use Permit, and Special Permit Modification
Record Number: PLN-2023-18188
Assessor Parcel Number: 109-351-061
Shelter Cove area
A Modification to a previously approved (PLN-2020-16840) Coastal Development Permit, Conditional Use Permit, and Special Permit (CDP-46-90/CUP-35-90/SP-44-90) which authorized the after-the-fact permitting of the following development: 1) Construction of a 120 square foot garden shed, 2) Construction of a 15 square foot concrete pad for the installation of a generator, 3) Construction of a 2-inch deep, quarter inch-wide underground coaxial cable, 4) Addition of 192 square foot extension of an existing deck and two staircases on either side of the deck on the western side of the existing residence, 5) repair of existing 45'' fence on the eastside of the residence using existing footings 6) Removal of 11 dead/dying trees (<12'' DBH) within 30-feet of a residence. The permit also authorized the conversion of a Bed and Breakfast facility to a single family residence and a Notice of Merger of three parcels into one. The parcel is developed with an existing single-family residence, gravel driveway and served with community water and sewer provided by the Shelter Cove Resort Improvement District. This modification includes the construction of a detached garage that exceeds the maximum height and size for a detached accessory structure. Therefore, a Special Permit is required pursuant to Section 313-69-1.4.2. The Special Permit is also required for Design Review.
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the Resolution, (Attachment 1) which does the following:
a. Approves the modification subject to the original conditions of approval included in Attachment 1A.
Body
DISCUSSION:
Project Location: The project is located in the Shelter Cove area, on the west side of Dolphin Drive, approximately 200 feet south from the intersection of Dolphin Drive and Tern Road, on the property known as 128 Dolphin Drive, 138 Dolphin Drive, and 148 Dolphin Drive.
Present General Plan Land Use Designation: Commercial Recreation (CR), Density: N/A, South Coast Area Plan (SCAP), Slope Stability: High Instability (3).
Present Zoning: Commercial Recreation with Qualified and Design Review Combining Zones (CR-Q/D).
Environmental Review: Project is exempt from environmental review per Sections 15302 Replacement or Reconstruction, 15303 New Construction or Conversion of Small Structures, and 15305 Minor Alterations in Land Use Limitations of the CEQA Guidelines.
State Appeal: Project is appealable to the California Coastal Commission.
Major Concerns: None.
Staff Analysis of the Evidence Supporting the Required Findings:
The previous permit authorized the conversion of a Bed and Breakfast into a single-family residence, and a litany of minor additions that had been done to the property without permits. A notice of merger was also included.
The project is a Modification of the originally approved Coastal Development Permit, Conditional Use Permit and Special Permit to allow for the construction of a detached garage that exceeds the maximum height and size for a detached accessory structure. In order to allow for the detached accessory structure to exceed the height limit a Special Permit is required pursuant to Section 313-69-1.4.2.
The proposed garage would be 22 feet in height, which is 6 feet higher than principally allowed. The additional height should not affect views to the coast from the public road any more than a 16 foot high garage would, as the property only gently slopes away from the roadway and there are large trees located on the oceanside of the proposed garage. The garage is proposed on the north side of the property and would leave a viewshed in between the residence and the garage that is unobstructed. The slightly taller accessory structure will not impact adjacent property owners given that the property immediately to the north is owned by the applicant.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and no comments were received.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect not to approve the Modification and extension. This alternative should be implemented if the Zoning Administrator is unable to make all of the required findings. Planning Division staff has found that the required findings can be made as this project was previously approved and there have been no changes in regulations or site conditions. Consequently, Planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan
C. Elevation Plan
2. Zoning Administrator Staff Report PLN-2020-16840
3. Zoning Administrator Resolution 22-021
Applicant
James Bell
12082 North Red Mountain Drive
Oro Valley, AZ 85755
Owner
James and Colleen Bell
12082 North Red Mountain Drive
Oro Valley, AZ 85755
Please contact Michael Kein, Associate Planner, at 707-268-3739 or by email at mkein2@co.humboldt.ca.us, if you have any questions about the scheduled item.