To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Conditional Use Permits for a Short-Term Rental Located in the Tsunami Hazard Zone
Assessor Parcel Numbers: 401-141-003
Record Numbers: PLN-2026-19551
Fairhaven Area
A Conditional Use Permit (CUP) for a short-term rental located within a Tsunami Hazard Zone within the Humboldt Bay Area Plan, pursuant to section 313-61.05.6.3 of Humboldt County Code. The permit is in the Appeals district of the Coastal Zone. Water is provided by the Peninsula CSD, septic serves the residence, and power is provided by PGE.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution (Attachment 1), which does the following:
a. Finds the Planning Commission has determined that the projects are exempt from environmental review per section 15301 Existing Facilities (which allows minor alteration of existing public or private structures that involve negligible or no expansion of existing or former use) of the State CEQA Guidelines; and
b. Make all of the required findings for approval of the Conditional Use Permit and based on evidence in the staff report and public testimony; and
c. Approve the Conditional Use Permit as recommended by staff and subject to the Conditions of Approval (Attachment 2).
Body
DISCUSSION:
Project Locations: The project site is located in the Fairhaven area, on the southeast side of New Navy Base Road, approximately directly across from the Samoa airport, on the property known as 865 New Navy Base Road.
Present General Plan Land Use Designations:
Industrial/Coastal-Dependent (MC)
Present Zoning:
Industrial/Coastal-Dependent (MC), Archaeological Resource Area (A), Coastal Wetlands (W)
Environmental Review:
The projects are exempt from environmental review per section 15301 of the California Environmental Quality Act (CEQA) which allows operation of existing public or private structures that involves negligible or no expansion of existing or former use.
State Appeal Status:
Projects are located within the Local appeals jurisdictions of the Coastal Zone but are not proposing new development or a change in use and therefore do not require Coastal Development Permits. The Conditional Use Permit is NOT appealable to the Coastal Commission.
Major Concerns:
Tsunami Hazard Area
Monitoring Required:
None.
Executive Summary:
A Conditional Use Permit (CUP) for the operation of a short-term rental (STR) located within a Tsunami Hazard Zone pursuant to HCC Section 61.05.6.3. Five structures currently exist on the parcel and no new development is proposed. The 3,491 square foot main residence will operate as the STR and is a legal non-conforming structure. The project is in the Fairhaven area and served by community water through the Peninsula Community Service District. Sewer is provided by a septic system that it is regularly serviced.
Land Use and Zoning:
The subject property is within the Humboldt Bay Area Plan (HBAP) with a land use designation of Coastal Dependent Industrial (MC). It is zoned Coastal Dependent Industrial with combining zones of Archeologic Resources and Coastal Wetlands (MC-A, W). The parcel is in airport compatibility area 6 which has no effect on the proposed use.
Conditionally permitted uses in this zone district includes a caretaker’s residence and as such the residence is permitted under the short-term rental regulations to be used as an STR. No new development is proposed as part of this permit.
Biological Resources:
No biological or cultural resource impacts are anticipated with the proposed project. The project is within an existing single-family dwelling that is outside of the delineated wetland area on the parcel. No ground disturbance or development is proposed.
Tsunami Concerns:
The proposed project is within a mapped Tsunami Hazard Area. A Conditional Use Permit is required to allow a short-term rental within a tsunami hazard area due to the concerns of putting visitors at risk that are not aware of potentially catastrophic tsunami dangers. Conditions of approval have been included for the short-term rental to require educational materials and emergency protocols in the event of a warning. Additionally, booking and reservation sites will be required to contain a warning that the short-term rental is within a tsunami hazard area. Figure 1 below shows the location of the project site relative to the hazard areas and evacuation areas. The safe refuge location is the high dunes in Fairhaven at an elevation of approximately 30 feet, which is approximately 4,200 feet away using the local roads. The evacuation route for the Oyster Beach STR has been provided by the applicant (Attachment 3) and is conditioned to be provided to renters.
Figure 1
Within Tsunami Hazard Areas, 100-year tsunami run-up elevations are further identified, and development is restricted in the Humboldt Bay Area Plan (HBAP) and Section 313-21.1.5 of Humboldt County Code (HCC). 100-year tsunami run-up elevations were analyzed and determined at specific latitudes within Technical Report H-78-26 from the US Army Corps of Engineers. While this restriction does not technically apply to the project as no new development is proposed, the location of the property relative to the 100-year run-up area is relevant from a hazard and risk perspective.
The subject parcel is at latitude 40 degrees and 46 minutes, and according to the Humboldt County GIS Bay Contours (LiDAR), the residence is approximately 10 feet above sea level. This is within the tsunami hazard zone and 500-year Tsunami Run-up zone according to Plate 15 in the Technical Report. The STR is likely to be inundated in a Tsunami scenario, but as discussed above an evacuation area is within a walkable distance. The U.S. Coast Guard is stationed 1 mile away and the Peninsula Community Service District provides emergency services and evacuation assistance. If approved, the existing single-family residence used as a STR is not anticipated to adversely impact the health, safety and welfare of the community.
CAP:
The proposed STR is considered new and will be included in the 2% CAP on STRs in the Humboldt Bay Area. There is a capacity for 77 STRs in the Humboldt Bay Area and approval of this project will bring the total to 29.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and received a response from the CA Coastal Commission requesting a Coastal Development Permit (CDP) for work that the Coastal Commission states was done without approval of appropriate permits. Upon inspection of the residence and research into the property history, staff determined that changes to the structure have not gone outside of the original footprint of the building. Siding replacement, foundation repair, and interior remodels have occurred but are unlikely to be over 50% of the residence. Upgrades to the home were found exempt from a CDP, under maintenance and repair exemptions applicable in Section 30610 of the Coastal Act and would not impact the health, safety and welfare of the community. The Coastal Commission also identified that a well and septic system were constructed without Coastal Development Permits, however the septic system was a repair that received a coastal exemption from Humboldt County, and the well is unconnected to the proposed short-term rental as the rental is served by community water. All other responding agencies have either responded with no comment, or recommended approval. (Attachment 4).
RECOMMENDATIONS:
Based on a review of Planning Division reference sources and comments from all involved referral agencies, Planning staff conclude that the applicant has submitted evidence in support of making all of the required findings for approval of the Conditional Use Permits. Staff recommend that the Planning Commission find the project exempt from further environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA)- Existing Facilities.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect not to approve the project. The Commission could also choose to add or delete conditions of approval.
ATTACHMENTS:
1. Draft Resolution for PLN-2025-19551
2. Conditions of Approval
3. Tsunami Evacuation Plan
4. Referral Agency Comments
A. CCC Comments
5. Good Neighbor Guide
Please contact Kathleen Johnston, Assistant Planner, at (707) 441-2630 or by email at
kjohnston@co.humboldt.ca.us if you have any questions about this item.
APPLICANT/OWNER:
Amy Cirincione O’Conner and Jon O’Conner
121 Stolpe Lane
McKinleyville, CA 95519