To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
LPC Properties- Variance for side yard setback reduction
Assessor Parcel Number: 206-111-020
Record Number: PLN-2025-19260
Carlotta
A Variance is requested to allow a reduced side yard setback from 25 feet to 10 feet for the construction of a new 80 foot by 110-foot storage building. The property is 1.2-acres and developed with an approximately 9,250 square foot existing beverage business. The property is zoned Heavy Industrial (MH), which requires 50-foot front and rear yard setbacks, and 25-foot side yard setbacks. The large setback requirements are particularly restrictive given the size and layout of the parcel (allowing only approximately 42 percent of the land to be developed), and building into the setback is the only feasible way for the existing business to gain the contiguous storage space needed while also maintaining access. The Variance for the new metal building placement is requested to accommodate equipment and materials that require dry storage to operate efficiently, safely, securely and to follow sanitary standards. A lot line adjustment is not feasible due to the neighbor’s existing septic systems along property lines on both sides. The parcel is served with a shared water system, an on-site septic system, and power supplied by PG&E.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Attachment 1), which does the following:
a. Makes all of the required findings for approval of the Variance based on evidence in the staff report and public testimony; and
b. Approves the LPC Properties Variance as recommended by staff and subject to the Conditions of Approval (Attachment 1A).
Body
DISCUSSION:
Project Location:
The project site is located in the Carlotta area, on the west side of Central Avenue and on the east side of Railroad Avenue, approximately 300 feet north of the intersection of State Highway 36 and both Central Avenue and Railroad Avenue. The property is known as 161 Loop Road.
Present General Plan Land Use Designations:
Industrial General (IG). Slope Stability: Low Instability (1).
Present Zoning:
Heavy Industrial (MH).
Environmental Review:
The project is exempt from environmental review per section 15303(e) of the California Environmental Quality Act (CEQA)- New construction or conversion of small structures, including accessory and appurtenant structures.
State Appeal Status:
None.
Major Concerns:
None.
Monitoring Required:
None.
Executive Summary:
A Variance is requested to allow a reduced side yard setback from 25 feet to 10 feet for the construction of a new 80 foot by 110-foot storage building. The property is 1.2-acres and developed with an approximately 9,250 square foot existing beverage business, South Fork Mountain Water. The property is zoned Heavy Industrial (MH), which requires 50-foot front and rear yard setbacks, and 25-foot side yard setbacks. The large setback requirements are particularly restrictive given the size and layout of the parcel (allowing approximately 42 percent of the land to be developed), and building into the setback is the only feasible way for the existing business to gain the contiguous storage space needed while also maintaining access. The Variance for the new metal building placement is requested to accommodate equipment and materials that require dry storage to operate efficiently, safely, securely and to follow sanitary standards. The business recently expanded, to include full in-house bottle production, which stemmed from the unexpected closure of the plant’s previous bottle supplier and the lack of viable alternatives within a reasonable transport radius. Key equipment and materials to bring production in-house and protect against supply chain uncertainties were acquired. The existing building was built and has been in use since 2009 and now the layout cannot accommodate the additional functions. Without the Variance and new metal building, the facility would be required to have multiple external storage containers on both sides of the existing business building or off-site warehousing, either of which add security concerns, risk product contamination, and increase transportation and labor costs. By allowing the Variance, the new metal building would maintain a compact footprint consistent with the character of the surrounding area. The neighbor on the south side where the encroachment is proposed has written a letter in support of the Variance. Additionally, a lot line adjustment is not feasible, as the septic systems for the neighbors on both sides are along the property lines. The parcel is flat, and no grading or tree removal would be necessary. The proposed Variance for a new metal building within setbacks is not expected to result in any new employees or increased traffic. The parcel is served with a shared water system, an on-site septic system, and power supplied by PG&E.
Air Quality:
No air quality impacts are anticipated with the proposed project.
Biological Resources:
No biological resource impacts are anticipated with the proposed side yard setback reduction Variance to allow a new metal building. The proposed new metal building is 80 feet by 110 feet on a 1.2-acre parcel. The subject property is located within the Heavy Industrial (MH) zone district that is intended to apply to areas devoted to normal operations of industries, such as industrial manufacturing. The proposed site for the new metal building is flat and has been previously disturbed. The property is bordered by three streets and is currently developed with a 9,250 square foot metal building that is used for the existing beverage business. The project is proposed to be approximately 500 feet from Yager Creek, and approximately 300 feet away from a Streamside Management Area (SMA). There are no other mapped wetlands, sensitive habitats or rare and endangered species that have been identified within the last 70 years. The property is within the Van Duzen Planning Watershed. The Variance, to allow a new metal building within the side yard setback, is not anticipated to impact any biological resources.
Cultural Resources and Tribal Cultural Resources:
The proposed project is not anticipated to impact any cultural resources or Tribal cultural resources. The project was referred to Bear River Band of Rohnerville Rancheria, NWIC, and the Wiyot tribe. The Bear River Band responded that the activities did not appear to represent a source of significant impacts on cultural resources. They requested that inadvertent archaeological discovery protocols be in place for any ground-disturbing activities. NWIC responded that no record of previous cultural resources had been identified in field surveys, and they recommended consulting with local tribes. The standard inadvertent discovery protocols have been included within the Conditions of Approval for this project.
Hazards and Hazardous Materials:
The proposed project is not anticipated to create additional hazards or hazardous materials. The subject parcel is in an area that has low instability, is not within a fault hazard zone, is outside the tsunami hazard area, outside an area of potential liquefaction and outside any identified 100-year Flood Zone (A). The subject parcel is within the State Responsibility Area for fire protection and Carlotta Community Services District provides structural fire protection as well as responds to medical emergencies. Cal Fire was consulted as part of the project and have determined that the new metal building is exempt from the required 30-foot property line setbacks for development on parcels over one acre. No hazardous materials are anticipated as part of the proposed project.
Hydrology and Water Quality:
The proposed project is not anticipated to impact hydrology and/or water quality within the surrounding area. The parcel is served with a shared water system and an on-site wastewater treatment system (septic). The Department of Environmental Health reviewed the proposed project and recommended approval. No hydrology and water quality impacts are anticipated as part of the proposed Variance.
Noise:
The proposed project is not anticipated to create additional or significant noise impacts. The project site is a 1.2-acre parcel in the Heavy Industrial zone district. The surrounding parcels are either Heavy Industrial, Community Commercial, or Agriculture General. The proposed Variance for the placement of a new metal building within the side yard setback is to support the existing 9,250 square foot beverage business to allow full in-house bottle production. Even though the Variance would allow a reduction in setbacks, the proposed new metal building will not have any windows, doors or openings on the side of the encroachment and the noise emitted is not anticipated to be significant.
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:
The Zoning Administrator could elect not to approve the project. This alternative should be implemented if the Zoning Administrator is unable to make all the required findings. Planning Division staff is confident that the required findings can be made. Consequently, planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan
2. Location Map
3. Applicant’s Evidence in Support of the Required Findings for the Variance
4. Referral Agency Comments and Recommendations
Applicant:
LPC Properties
Don Lozensky
202 Commercial Street
Eureka, CA 95501
Owner:
Same as applicant
Agent:
A.M. Baird
1257 Main Street
Fortuna, CA 95540
Please contact Alice Vasterling, Associate Planner, at 707-268-3777 or by email at
avasterling@co.humboldt.ca.us if you have any questions about this item.