To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Santos Subdivision Extension
Assessor Parcel Numbers (APN) 508-391-045
Record No.: PLN-2025-19208
McKinleyville area
A two-year extension to a previously approved Final Map Subdivision (PLN-2022-17846) of an approximately 10.51-acre parcel into 45 residential lots ranging in size between approximately 5,000 square feet to 7,800 square feet in size, including a proposed 11,850 square foot parcel (Lot "B”) for park purposes. An exception to the solar shading requirements was approved for Lots 36 and 40. The project will be served with community water and sewer provided by the McKinleyville Community Services District. This includes a Coastal Development Permit due to a small portion of the property being located in the coastal zone and a Special Permit due to the location within an Alquist-Priolo Fault Hazard Zone.
end
RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution (Attachment 1), which does the following:
a. Finds Humboldt County Planning Commission adopted a Mitigated Negative Declaration (SCH# 2008012016). On September 1, 2011, the Planning Commission approved an Addendum to the MND and modification of the project. Further environmental review is not required as no changes to the previously approved project are proposed; and
b. Finds that the development has not changed from that for which the permit was granted, and the findings made for approval of the major subdivision can still be made; and
c. Approves the Extension subject to the recommended conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project is in the McKinleyville area, on the north side of School Road near its intersection with Windsor Road.
Present General Plan Land Use Designation: Residential Low Density (RL) McKinleyville Community Plan (MCCP). Density RL: 1-7 dwelling units per acre.
Present Zoning: Residential One-Family with a combining zone for Noise (R-1-N); Residential Single Family specifying a minimum parcel size of 5,000 square feet with a combining zone for Alquist-Priolo Fault Hazard Area (RS-5/G).
Environmental Review: On March 6, 2008, during original approval of the project, the Humboldt County Planning Commission adopted a Mitigated Negative Declaration (SCH# 2008012016). On September 1, 2011, the Planning Commission approved an Addendum to the MND and modification of the project. Further environmental review is not required as no changes to the previously approved project are proposed.
State Appeal: Project is appealable to the California Coastal Commission.
Major Concerns: None.
Monitoring Required: None.
Executive Summary: A Final Map Subdivision Extension of an approximately 10.51-acre parcel into 45 residential lots ranging in size between approximately 5,000 square feet to 7,800 square feet in size, including a proposed 11,850 square foot parcel (Lot "B”) for park purposes. An exception to the solar shading requirements has been requested for Lots 36 and 40. The project will be served with community water and sewer provided by the McKinleyville Community Services District. An extension is sought for the remaining phases of a major subdivision that expired (FMS-04-06M/CDP-04-17M/SP-11-20). The subdivision was first approved by the Planning Commission in 2004 and authorized the creation of 88 residential lots. In 2011 the project was modified and authorized by the Planning Commission to allow buildout in five phases. The first two phases have since been completed resulting in the creation of 43 residential parcels, however the map expired before the remaining three phases were completed. The applicant applied on July 13, 2022, for re-approval of the map to allow creation of the 45 additional lots from the remaining uncompleted phases that were planned and previously approved. This included an application for a Coastal Development Permit due to a small portion of the property being located in the coastal zone and for a Special Permit due to the location within an Alquist-Priolo Fault Hazard Zone. This re-approval was granted by the Planning Commission on February 16, 2023.
No changes to the original project are proposed. No changes to the applicable regulations have occurred since the approval. The parcels zoning of Residential One-Family with a combining zone for Noise and Alquist-Priolo Fault Hazard has not changed, and the General Plan designation of Residential Low Density has not changed. Further, the extension was referred to all applicable referral agencies who either did not respond or responded with approval. None of the applicable requirements of referral agencies have changed since approval of the map.
The Planning Commission previously approved this project on February 16, 2023, and it became effective on March 3, 2023, following the end of the local appeal period. The applicant is requesting that the permit be extended for a period of two years which will extend the term of the major subdivision and Special Permit and Coastal Development Permit until April 6, 2027, which is the date the extension application was received.
Findings for Extension:
Per section 312-11.3 of the Humboldt County Code, the findings required for the hearing officer to make to grant an extension are as follows:
1. The development has not changed from that for which the permit or variance was granted, and
2. The findings made when the permit or variance was granted can still be made.
As discussed above, no changes to the project are proposed and no requirements or regulations have changed that would alter the ability to make the required findings for approval. The findings that were approved are presented in Attachment 2 to this staff report.
Environmental Review: On March 6, 2008, during original approval of the project, the Humboldt County Planning Commission adopted a Mitigated Negative Declaration (SCH# 2008012016). On September 1, 2011, the Planning Commission approved an Addendum to the MND and modification of the project. Further environmental review is not required as no changes to the previously approved project are proposed.
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).
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect not to approve the project if unable to make all the required findings. Staff concludes that the necessary findings can be made. Consequently, the planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. Tentative Map
2. Location Map
3. Planning Commission Resolution 23-017 (PLN-17846) with Conditions of Approval
4. Referral Agency Comments and Recommendations
Applicant/Owner:
Domingo Santos
2580 Vassaide Road
Arcata, CA 95521
Agent:
Schillinger Engineering
Jacob Schillinger
PO Box 1183
Arcata, CA 95518
Please contact Michael Kein, Associate Planner, at MKein2@co.humboldt.ca.us or 707-268-3739 if you have questions about this item.