To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Gardiner Parcel Map Subdivision
Record Number: PLN-2023-18782
Assessor Parcel Number: 016-011-046
Myrtletown area
A Parcel Map Subdivision of an approximately 0.41-acre parcel into two parcels of approximately 10,953 square feet (Parcel 1) and approximately 6,963 square feet (Parcel 2), respectively. The parcel is currently developed with a single-family residence, a detached bedroom with deck, two sheds, and a carport, which will remain on proposed Parcel 1. Proposed Parcel 2 will be vacant and intended for residential development. The parcel is served with community water and sewer provided by the Humboldt Community Services District.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
Adopt the resolution (Resolution 24- ) (Attachment 1) which does the following:
a. Finds the proposed project complies with the Eureka Community Plan, the Humboldt County General Plan, and Zoning Ordinance; and
b. Finds the project exempt from CEQA pursuant to Section 15183 Projects Consistent with a Community Plan or Zoning of the CEQA Guidelines, and that there is no substantial evidence that the project will have a significant effect on the environment; and
c. Approves the Parcel Map Subdivision subject to the recommended conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location:
The project is in the Myrtletown area, on the west side of Maple Lane, approximately 140 feet west of the intersection of Maple Lane and Glenwood Street, on the property known as 2302 Maple Lane.
Present General Plan Land Use Designation:
Residential Low Density (RL1-7), Eureka Community Plan (ECP), 2017 General Plan. Density: 1-7 units per acre. Slope Stability: Low Instability (1).
Present Zoning:
Residential One-Family (R-1*).
Environmental Review:
No further environmental review is required per Section 15183 - Projects Consistent with a Community Plan or Zoning of the CEQA Guidelines.
State Appeal:
Project is located outside of the Coastal Zone and is therefore NOT appealable to the California Coastal Commission.
Major Concerns:
None.
Executive Summary: A Parcel Map Subdivision of an approximately 0.41-acre parcel into two parcels of approximately 10,953 square feet (Parcel 1) and approximately 6,963 square feet (Parcel 2), respectively. The parcel is currently developed with a single-family residence, a detached bedroom with deck, two sheds, and a carport, which will remain on proposed Parcel 1. Proposed Parcel 2 will be vacant and suitable for residential development. The parcel is served with community water and sewer provided by the Humboldt Community Services District (HCSD). The applicant has requested an exception to the requirement of a 40-foot-wide access easement and to allow for the use of the existing 18-foot-wide access easement. The applicant has also requested an exception from the requirement to widen the access road easement to 20 feet along the frontage of Parcel 1 and Parcel 2 and an exception to widen the road to 16 feet from Maple Lane to the parcels. If the exception is granted the existing ten-foot wide paved road from Maple Lane to the parcels would not be widened.
The project site is located within an established residential neighborhood. There is no development proposed at this time; however, Parcel 2 would be suitable for future residential development. The parcel is served by the HCSD for community water and sewer service. Comments were received from HCSD, dated November 8, 2023 (Attachment 3), which note that any future residential development on Parcel 2 will require connection to the public water and sewer systems, but that services are available to serve any future development(s) upon payment of applicable fees.
The site is relatively flat and there are no streams, wetlands, or other environmentally sensitive habitats on-site. Review of the California Natural Diversity Database indicates the subject site and surrounding area is within potential habitat for the American peregrine falcon (Falco peregrinus anatum). However, it is important to note that while this species was previously protected, it was delisted from the federal Endangered Species Act (ESA) in 1999 and delisted from the California ESA in 2009 due to conservation and recovery efforts. Additionally, it does not appear there is suitable habitat for this species on-site. A referral was sent to the California Department of Fish and Wildlife (CDFW) on November 6, 2023, and no response was received.
The project was referred to the Northwest Information Center (NWIC), Bear River Band of the Rohnerville Rancheria, Blue Lake Rancheria, and Wiyot Tribe in November 2023. Based on comments received from NWIC on November 20, 2023, the project area has the possibility of containing unrecorded archaeological site(s) and a field study and contacting the local tribes were recommended. The Blue Lake Rancheria responded on November 9, 2023, that they had no knowledge of cultural resources within the project area and had no concerns about the project. No response was received from the Bear River Band or Wiyot Tribe. To ensure potential impacts are minimized in the event of inadvertent discovery of resources on-site, the standard Inadvertent Discovery Protocol has been incorporated as an Informational Note in the conditions of approval.
Access and Public Works Requirements
The applicant’s agent has submitted two exception requests (Attachments 1D and 1E) pursuant to Section 325-9 Exceptions of the Humboldt County Code (HCC) which provide rationale for how the project meets the requirements required under Section 325-9 HCC for when an exception may be permitted. The exception requests include: (1) an exception from the requirement to dedicate a 40-foot-wide access easement for the access road and request allowance for the continued use of the existing 18-foot-wide easement, and (2) an exception from the requirement to widen the access road easement to twenty feet along the frontage of Parcel 1 and Parcel 2 and to widen the road to 16 feet from Maple Lane to the parcels. Per the Tentative Parcel Map (Attachment 1C), current site access includes a 10-foot-wide paved roadway along an 18-foot-wide right-of-way easement. The roadway is currently developed to a Road Category 1 standard, which is defined as a single-lane road that is 10 feet in width, less than ¼-mile in length, and serves a maximum of four parcels having no more than one dwelling unit per parcel. Humboldt Bay Fire submitted a letter to the Department of Public Works Land Use Division (DPW) on July 2, 2024 (Attachment 1G), stating that they have assessed the roadway at 2302 Maple Lane in Eureka that features a 10-foot asphalt roadway with an additional three feet on either side and that they have not encountered any issues accessing the road or providing emergency services to the area; and therefore, do not believe any further improvements are necessary, and that the width of the roadway in its current state will accommodate their Type 1 Fire Engines as all-weather access.
In a memo received from DPW on July 12, 2024 (Attachment 1F), DPW states that based upon the development potential of the unnamed access road, and the physical constraints that prohibit a wider right of way from being established, DPW can support the exception request from the requirement to dedicate a 40-foot-wide access easement. In addition, based upon the letter received from Humboldt Bay Fire, the Director of DPW has approved the exception request for relief from the requirement to widen the access road easement to twenty feet along the frontage of Parcel 1 and Parcel 2 and widen the road to 16 feet from Maple Lane to the parcels.
DPW will require that the private road apron at Maple Lane be retrofitted to meet current urban driveway standards and recommend several other conditions related to drainage, traffic control devices and signs, monumentation on the Parcel Map, and standard improvements, etc. The conditions are attached to this staff report (Attachment 1B) and are recommended as conditions of approval.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have recommended approval or conditional approval. (Attachment 3)
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. Draft Resolution
A. Conditions of Approval
B. Public Works Subdivision Requirements
C. Tentative Parcel Map
D. Access Right of Way Width Exception Request
E. Parking Lane and Road Width Improvements Exception Request
F. Public Works Exception Requests Response
G. Humboldt Bay Fire Letter to Public Works
2. Applicant’s Evidence in Support of the Required Findings
3. Referral Agency Comments and Recommendations
Applicant
Gregg Gardiner and Kathleen Cloney-Gardiner
3127 Montgomery Street
Eureka, CA 95501
Owner
Same as Applicant
Agent
Kelly-O’Hern Associates
Mike O’Hern
3240 Moore Avenue
Eureka, CA 95501
Please contact Rodney Yandell, Senior Planner, at 707-268-3732 or by email at ryandell@co.humboldt.ca.us <mailto:ryandell@co.humboldt.ca.us>, if you have any questions about the scheduled item.