To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
Chan, Accessory Dwelling Unit
Assessor Parcel Numbers (APN) 016-202-019
Record No.: PLN-2025-19227
Eureka (Mytletown) area
A Coastal Development Permit (CDP) for an approximately 691 square foot Accessory Dwelling Unit (ADU). The parcel is currently developed with three legal nonconforming residences built in the 1950s. One residence is being demolished under BLD-2025-61438 to be replaced with this ADU. The parcel is served with community water and sewer provided by Humboldt Community Services District. Power is provided by PG&E.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution, (Attachment 1) which does the following:
a. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
b. Finds the project exempt from further environmental review pursuant to Section 15302 Replacement or Reconstruction and Section 15303 New Construction or Conversion of Small Structures of the State CEQA Guidelines, and that there is no substantial evidence that the project will have a significant effect on the environment; and
c. Approves the Chan ADU Coast Development Permit Use subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project site is in the Mytletown area, on the south side of Wellington Street, approximately 330 feet east of the intersection of Wellington Street and Hall Avenue, on the property known as 3950 Wellington Street.
Present General Plan Land Use Designation: Residential/Low Density (RL), Humboldt Bay Area Plan (HBAP). Density: 3-7 units per acre. Slope Stability: Low Instability (1).
Present Zoning: Residential Single Family with a 5,000 square-foot minimum lot size.
Environmental Review: Project is categorically exempt from environmental review per Section 15302 Replacement or Reconstruction and Section 15303 New Construction or Conversion of Small Structures of CEQA Guidelines.
State Appeal: Project is not appealable to the California Coastal Commission.
Major Concerns: None
Monitoring Required:
None.
Executive Summary: A Coastal Development Permit (CDP) for an approximately 691 square foot Accessory Dwelling Unit (ADU). The parcel is currently developed with three legal nonconforming residences built in the 1950s. One residence is being demolished under BLD-2025-61438 to be replaced with this ADU. The parcel is served with community water and sewer provided by Humboldt Community Services District. Power is provided by PG&E. This project was original noticed for an administrative approval by the Planning Director, however a public hearing has been requested pursuant to Section 312-9 of the Humboldt County Code. The request for hearing is included as Attachment 3 of this staff report. The stated concern is traffic and pedestrian safety, and an objection to the fact that no sidewalks are being required by the county; however, Section 313-69.05.4.7 of the Humboldt County Code prevents the County from requiring frontage improvements for Accessory Dwelling Units (ADU’s). The public comment also indicates that they believe that the consent decree filed against Humboldt County by the Department of Justice should require sidewalks to be constructed; however, the consent decree required curb ramps to be installed at all county intersections, not sidewalks on all county roads. Curb ramps have been installed at the intersection of Wellington Street and Hall Avenue consistent with the consent decree.
Access: Current access to the project site is from Wellington Street, a county-maintained road. Conditions from the Land Use Division of Public Works require all parking must be developed on-site or the applicant must construct a parking lane along the county road in a manner approved by the Public Works Department (Attachment 3). There will be two (2) available off-street parking spaces dedicated to the ADU, and another four (4) spaces are dedicated to the other two (2) residences on site for a total of six (6) parking spaces. Currently, there is no exiting drainage infrastructure or existing infrastructure for foot traffic (sidewalks) along Wellington Street. No conditions have been required to include this infrastructure due to Humboldt County Code Section 313-69.05.4.7which reads as follows:
313-69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADU’s.
Geologic Suitability and Hazards: Slopes on the subject parcel are less than 15%. The subject parcel is in an area of low instability. It is not located within an Alquist-Priolo Fault Hazard Zone or an area of potential liquefaction. The subject parcel is located within the Local Responsibility Area for fire protection, where Humboldt Bay Fire Protection District provides structural fire protection and emergency responses. The parcel resides within a moderate fire hazard severity zone. No increased threats to hazards are anticipated as a result of the project.
Biological Resources: There are no wetlands 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 site is relatively flat and there are no streams, wetlands, or other environmentally sensitive habitats on-site. According to the California Natural Diversity Database (CNDDB), the parcel is not within the range of any special status species. There are no streams or wetland areas on or near the site. The project was referred to the California Department of Fish and Wildlife, but no response was received.
Tribal Consultation: The project was referred to the Northwest Information Center (NWIC), the Bear River Band of the Rohnerville Rancheria, Blue Lake Rancheria, and the Wiyot Tribe. The Bear River Band and the Blue Lake Rancheria responded without expressing concerns about the project but requested that it be conditioned with the Inadvertent Discovery Protocol for all ground-disturbing activities. This has been made a condition of project approval. The standard inadvertent discovery protocol is also included as a condition of approval for the project.
Environmental Review: The project is consistent with the development density established by an existing general plan for which an EIR was certified, and a determination that no further environmental review is required is being made pursuant to Section 15302 and 15303 of the State CEQA Guidelines. The Department has determined that further environmental review is not required as the project is consistent with a development density established under the 2022 Humboldt Bay Area Plan and the 2017 Humboldt County General Plan for which EIR’s were certified. The residential density specified in the Humboldt Bay Area Plan was utilized for analysis conducted during development of the Environmental Impact Report prepared for the current Humboldt County General Plan, which includes all of the required elements specified in Section 65302 of the Government Code. The EIR for the General Plan was certified during adoption of the plan in 2017. Section 15302, Replacement or Reconstruction, and Section 15303, New Construction or Conversion of Small Structures, of the state CEQA Guidelines because it includes the reconstruction of an existing residence in a residential zone. Further discussion of the basis for this determination can be found in Section 2 of the Draft Resolution.
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 2)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. 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. Resolution
A. Conditions of Approval
B. Site Plan
2. Referral Agency Comments and Recommendations
3. Request for Public Hearing
Applicant:
Alexandria Chan
1543 Hayes Street,
San Leandro, CA 94577
Owner: Same as Applicant
Agent: None
Please contact Michael Kein, Associate Planner, at MKein2@co.humboldt.ca.us or 707-268-3739 if you have questions about this item.