To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Nancy Young Special Permit
Assessor Parcel Number: 304-231-019
Record Number: PLN-2022-17962
Elk River area
A Special Permit to allow operation of a bed & breakfast-type establishment using an existing single-family residence and a detached cottage. A total of two bedrooms will be initially made available for nightly accommodation serving no more than four (4) guests at a time. Breakfast will not be served to guests.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the following:
a. Find the project exempt from environmental review pursuant to Section 15301 of the State CEQA Guidelines; and
b. Make all required findings for approval of the Special Permit; and
c. Approve the Nancy Young Special Permit as recommended by staff and subject to the recommended conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project is located in Humboldt County, in the Elk River area, at the end of Elk River Court, approximately 0.3 miles South from its intersection with Elk River Road, on the property known as 7538 Elk River Court.
Present Plan Land Use Designations: Residential Agriculture (RA) specifying a density range from one unit per 5 acres to 1 unit per 20 acres, Slope Stability: Relatively Stable (0).
Present Zoning: Agriculture General - Special Building Site specifying a 5-acre minimum parcel size [AG-B-5(5)].
Environmental Review: The project has been determined to be categorically exempt pursuant to section 15301 of the CEQA Guidelines, which permits alteration and permitting of existing structures involving negligible expansion of the former use.
State Appeal Status: Project is located outside the Coastal Zone and is therefore NOT appealable to the California Coastal Commission.
Major Issues: Neighborhood Compatibility
Executive Summary: The project involves authorizing the use of an existing primary residence and detached cottage as transient habitation under a bed & breakfast management model, with the primary difference being that breakfast will not be served to guests. The property is approximately 1.25-acres in size and is currently developed with the primary residence and a garage/cottage building. Water is provided by an existing well and sewer service is provided by an existing septic system. County Assessor Records show that the property has been developed with two residences since 1965. The cottage dates to approximately 1957 and was the first home constructed on the property. Assessor Records show that the primary residence was constructed as a 3-bedroom 1 bathroom house in 1965.
A total of two bedrooms are proposed to be initially made available for nightly accommodation serving no more than four (4) guests at a time. The Environmental Health Division views the proposal as placing comparable demand on the existing septic system water source provided no additional bedrooms are created. Future expansion of up to three (3) bedrooms & six (6) guests is contemplated but will require upgrade or replacement of the existing septic system and proving sufficient capacity of the water supply. No new buildings are proposed. Condition of Approval #7 has been included restricting the number of bedrooms and guests and requiring that increases in either be subject to first securing approval of a modification to the permit. This will ensure that public notice is provided before any increase in intensity of the use occurs.
Management of the Bed & Breakfast will be performed by the landowner or their designee, who will reside on the property. Note: an unpermitted Bed & Breakfast establishment was operated from the property in recent years, without the benefit of county review. Following circulation of public notice of the Zoning Administrator hearing, the Department was contacted by a number of nearby landowners with concerns about the proposal. Some concerns were based on observations during past unpermitted operation of a bed & breakfast at the site. One concern surrounded the perceived negative driving behavior of guests of the lodging -noting that some prior guests drove both Elk River Road and Elk River Court at a high rate of speed creating a danger to children and other users of the road. Additional feedback received surrounded concern over the perceived density of the proposal. To address this, the applicant has volunteered to limit their operation to a maximum of two bedrooms and four (4) guests, which is captured in Condition of Approval #7. A Condition has been included (COA #6) requiring that the applicant establish and enforce standard protocols for guest conduct. The Condition also allows the Planning Department to initiate a revocation proceeding at the Board of Supervisors if five or more complaints are received and verified following issuance of the permit. This will help ensure that guest conduct is carefully monitored and controlled.
The zoning of the property is Agriculture General (AG) specifying a minimum parcel size of 5-acres. Bed & Breakfast provisions of the code have been in effect since 1989 and were last updated in 1998. Bed & Breakfast establishments are allowed with a Special permit in all zones which permit cottage industries -this includes all residential zones, FR, TPZ, AE, AG, and Unclassified. A maximum of four (4) guest bedrooms may be permitted for use by a maximum of eight (8) guests. The owner or operator must reside on the premises. Staff is not aware of any prior Bed & Breakfast proposals being received or approved in the Elk River area. Given the novelty of the proposal, past unpermitted operation, and concerns received in response to the public notice, staff believe it is appropriate to include a Condition foreshadowing the possibility of revocation of the permit should neighborhood compatibility become an issue. A variety of ongoing conditions have been included requiring that the owner/operator implement and enforce parking and noise restrictions, measures to promote safe driving, and requirements that owner/operator contact information be provided to neighboring landowners and occupants and periodically updated as needed. Staff believe that with the incorporation of these recommended conditions, the required findings for approval can be made.
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. A summary of referral agency responses is included in Attachment 4.
RECOMMENDATIONS:
Based on a review of Planning Division reference sources and comments from all involved referral agencies, Planning staff believes that the applicant has submitted evidence in support of making all of the required findings for approval of the Special Permit.
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
C. Operations Plan
2. Location Map
3. Applicant’s Supporting Evidence
4. Referral Agency Comments and Recommendations
Applicant/Owner
Nancy Young
7538 Elk River Court
Eureka, CA 95503
Please contact Steven Lazar, Senior Planner, at (707)268-3741 or by email at slazar@co.humboldt.ca.us <mailto:slazar@co.humboldt.ca.us>, if you have any questions about the scheduled item.