To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
Mazzanti Special Permit for Short-Term Rental
Record No.: PLN-2024-19112
APN: 515-241-015
Trinidad area
Project is seeking a Special Permit (SP) for a Short-Term Rental (STR) pursuant to §314-60.05.6.2 of Humboldt County Code for an exception to the Neighborhood Concentration standards. HCC requires that STRs shall not exceed twenty percent (20%) of the dwellings on the access road - neighborhood concentration of STR’s on Alder Lane is currently at 50% and approval of this STR application will bring the concentration to 75%. The Special Permit will also address the requirements of Alder Lane, which is less than the width of a Category 3 road.
The parcel is currently developed with a single-family residence and attached garage. The site is served with on-site water and an on-site wastewater treatment system, and power is from PG&E. Parking is provided by the attached 4-car garage. The proposed STR operations plan does not include private gatherings or parties.
end
RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution (Resolution 25-__), which does the following:
a. Finds the Planning Commission has determined that the project is exempt from further environmental review pursuant to Section 15301 of the State CEQA Guidelines, and as a Responsible Agency, agrees with the lead agency’s findings; and
b. Makes all of the required findings for approval of the Mazzanti Special Permit for Short-term Rental; and
c. Approves the Mazzanti Special Permit for Short-term Rental as recommended by staff, and subject to the conditions of approval.
Body
DISCUSSION:
Project Location: This project is located in the Trinidad area, at the northeast corner of the intersection of Trinidad Frontage Road and Alder Lane, on the property known as 39 Alder Lane.
Present General Plan Land Use Designation: RE2.5-5 - Residential Estates 2.5-5 acres; Trinidad-Westhaven Community Plan Area; Density: 1 to 5 acres per dwelling unit; Slope Stability: 2-3, Moderate - High Instability.
Present Zoning: Unclassified zone regulation (U); One family dwelling is a principally permitted use
Environmental Review: Project is exempt from environmental review pursuant to State CEQA Guidelines Section 15301 - Existing Facilities.
State Appeal: The project is NOT appealable to the California Coastal Commission.
Major Issues: Neighborhood concentration of Short-term Rentals
Executive Summary
Project is seeking a Special Permit (SP) for a Short-Term Rental (STR) pursuant to Section §314-60.05.6.2 of Humboldt County Code for an exception to the Neighborhood Concentration standards. HCC requires that STRs shall not exceed twenty percent (20%) of the dwellings on the access road without approval of a Special Permit - the neighborhood concentration of STR’s on Alder Lane is currently at 50% and approval of this STR application will bring the concentration to 75%. The Special Permit is also required because the access road of Alder Lane is improved to less than the width of a Category 3 road.
The parcel is currently developed with a single-family residence and attached garage. The site is served with on-site water and an on-site wastewater treatment system, and power is from PG&E. Parking is provided by the attached garage. The proposed STR operations plan does not include private gatherings or parties.
Special Permits do not necessarily require a public hearing or referral to the Planning Commission. This application is being brought to the Planning Commission primarily as it is one of the first applications where the neighborhood concentration of STR’s would far exceed the administrative standard and staff is seeking guidance from the Commission.
Short-term Rental Ordinance
The owner/applicant is seeking a Special Permit to use the residence as a short-term rental when it is not occupied by themselves and/or their immediate family. Proposed plans are for the property to be owner-occupied for an undetermined/scattered number of months each year, then used as a short-term rental for the remaining months, with a local caretaker looking after the property while it is being used as a short-term rental. The owners plan to retire and live in the Trinidad residence full-time within an estimated 5 years. This is the sole property that they plan to operate as a STR within the County.
Alder Lane is located roughly one mile north of central Trinidad. It is a short private road that serves four (4) residences in an unincorporated area of Humboldt County. In the summer of 2024, two of those residences received permits to operate as short-term rentals. Given the neighborhood concentration limits set forth in Section 314-60.05.10.6.2.2, the rentals have all been operating above that ordinance standard, and this current application would continue that trend. The proposed short-term rental would increase the neighborhood concentration of STR’s along Alder Lane to 75%, or 3 of 4 properties, exceeding the 20% limit outlined as administratively permitted in the zoning ordinance. Per Section 314-60.05.6.2, exceptions from these standards can be granted through a Special Permit. The short-term rental would be consistent with other properties in the immediate area and would not create adverse effects on the quality of the neighborhood.
The intent of the neighborhood concentration zoning ordinance is to prevent an overabundance of STR’s that end up overwhelming a community, negatively impacting local residents. In this case, while the neighborhood concentration limit would be exceeded and this neighborhood would primarily be comprised of short-term rentals, the high concentration is primarily due to a low volume of homes along the access road. However, if examining a 3-mile radius from this home, there are only 7 permitted STR’s in the unincorporated area of Trinidad. Even further, there is a total of 16 short-term rental permits, either approved or in process, spanning the area from Clam Beach to Big Lagoon. The proposed project will not exceed the Short-Term Rental Cap of 2% of the overall housing stock in the Greater Humboldt Bay Area nor the Trinidad-Westhaven Community Plan Area. Additionally, there is consistency and support among the neighbors along Alder Lane to maintain a visitor-oriented set of properties, and there have been no appeals or complaints regarding the presence of multiple STR’s.
One concern for approving this permit is the number of homes (or potentially, neighborhoods) that get removed from the rental or housing market, particularly for workforce populations. However, the Trinidad area is a unique part of Humboldt County, in many ways known as a vacation community as opposed to serving as an employment hub or providing workforce housing, or community services. Homes are comparatively expensive, and rents, when available, are generally above affordable housing ranges.
A 2019 Housing Element goal for workplace housing identifies a need for an adequate supply of rental and homeownership opportunities affordable to wage earners within close proximity to local businesses, recreational facilities, community services, transit corridors and schools. The home in question was not included in the 2019 Housing Element and use of the property as a short-term rental would not remove housing nor have negative impacts to the Housing Element. The cost to rent this home, should it be put on the market, would far exceed what would be considered affordable housing or within a price range that would accommodate workforce populations.
As a short-term rental, the occupancy from visitors would contribute to the local economy through the TOT, as well as providing support to small businesses and the broader tourist industry. Should the permit not be approved, the home is likely to simply sit vacant as opposed to becoming available for long-term occupancy. Overall, it is staff’s opinion that a Special Permit be granted to allow for an exception to the neighborhood concentration limit as the use will not be detrimental to the region, is consistent with the neighborhood on Alder Lane as well as the broader Trinidad area, and does not conflict with the General Plan, or Housing Element therein.
The Good Neighbor Guide was also given to all parcel owners on Alder Lane, as well as the property owners directly south along Trinidad Frontage Road and Woodee Lane, where there is another cluster of short-term rentals (either permitted or in the permitting process). No negative comments or requests for public hearing were received.
Road Standards
In addition to the neighborhood concentration limit, the road width of Alder Lane is not built to the Category 3 standard as required by the zoning ordinance, however a Special Permit can be granted per Section 314-60.05.06. Alder Lane is a short, paved, private road that serves four homes, two of which are already permitted for short-term rentals. The width of the road is approximately 10+ feet, with a shoulder on one side that can be used to pull partially off the road to allow for a passing vehicle.
The road is generally straight and flat, with adequate sight distance to prepare for oncoming traffic or road impediments. The applicant’s property is the first that one approaches while turning onto Alder Lane from Trinidad Frontage Road, roughly 200 feet in from the intersection. Should there be an encounter with another vehicle, there is ample area to pull off the road to allow passing, or in a worse case, either retreat to Trinidad Frontage Road or pull into the driveway to allow for passing. Given the low volume of traffic, the short distance between the frontage road and property driveway, and the presence of turnout options, the road is not expected to pose a safety or access concern. Overall, it is staff’s opinion that a Special Permit be granted to allow for an exception to the road standard as the traffic volume will pose little risk to road users and the width of the road is sufficient to allow for rare instances of multiple vehicles present at the same time.
Public Works provided comments regarding site visibility conditions, as well as potential future drainage issues at the intersection of Alder Lane and Trinidad Frontage Road, which are included in Attachment 1A. (Note that the drainage issues are depicted as separate factors from this Special Permit.)
Zoning and Land Use
Parcel is currently zoned Unclassified (U). There is a single-family residence located on this property, which is a principally permitted use for this zone designation. Residence and appurtenant structures are located within the acceptable yard setbacks. The Residential Estates 2.5-5 land use designation is consistent with existing use and is appropriate for use as a short-term rental property.
Hazards
The project site is located in an area of moderate fire hazard severity, and within the Cal Fire State Responsibility Area. The site is moderately stable, is not located in the Alquist Priolo fault hazard zone, is not located in a FEMA 100-year flood zone, is not located in a tsunami hazard zone nor susceptible to coastal inundation related to sea level rise (1 meter). There is no evidence to suggest that the use of the residence as a short-term rental will introduce any hazards to the occupants, nor present any conditions that will be detrimental to public health, safety or welfare, nor create conditions inconsistent with neighboring uses or negative to property values.
Resource Protection
There are no wetlands, special-status species, or coastal natural resources on the project site as depicted on the County’s natural resources GIS database, nor any natural features of concern or that might be at risk.
The project was referred to NWIC, the Trinidad Rancheria, and Yurok Tribe. NWIC shared an initial concern regarding a lack of historical studies on the project site, but the Yurok Tribe and Trinidad Rancheria did not submit referral comments regarding the project. Inadvertent archaeological discovery protocols were requested to be in place for any ground-disturbing activities that may take place in the future and are conditioned in Attachment 1A.
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)
RECOMMENDATIONS:
Based on a review of Planning Division reference sources and comments from all involved referral agencies, Planning staff concludes that the applicant has submitted evidence in support of making all of the required findings for approval of the short-term rental Special Permit. Staff recommends that the Planning Commission find the project exempt from further environmental review pursuant to Section 15301 of the State CEQA Guidelines, as the project is specific to an existing single-family residence.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Planning Commission could elect to add or delete conditions of approval. The Planning Commission could deny approval if unable to make all the required findings. Staff has concluded the required findings in support of the proposal can be made. Consequently, staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Project Information
C. Site Plan
2. Location Map
3. Applicant’s Evidence in Support of the Required Findings
4. Referral Agency Comments and Recommendations
A. County Public Works Comments and Conditions
Applicant
Ashley Mazzanti and Timothy Mazzanti
14411 Cedar Glade Dr.
San Antonio, TX 78230
Owner
Ashley Mazzanti and Timothy Mazzanti
14411 Cedar Glade Dr.
San Antonio, TX 78230
APN 308-271-001
Ashley Mazzanti and Timothy Mazzanti
14411 Cedar Glade Dr.
San Antonio, TX 78230
Agent
None
Please contact Chris Lohoefener, Planner, at clohoefener@co.humboldt.ca.us or (707)267-9390 if you have questions about this item.