To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Puhl- Coastal Development Permit and Special Permit
Assessor Parcel Number: 109-291-019
Record Number: PLN-2025-19165
Shelter Cove
An after-the-fact Coastal Development Permit (CDP) for grading of approximately 40 cubic yards that occurred within the Coastal Zone without the benefit of County review. The purpose of the CDP application is to resolve existing code violations. A Special Permit (SP) is required for Design Review. No other development is proposed at this time.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 25-__) (Attachment 1), which does the following:
a. Finds that the project is exempt from environmental review per section 15304 of the California Environmental Quality Act (CEQA)-
b. Make all of the required findings for approval of the Coastal Development Permit and Special Permit based on evidence in the staff report and public testimony; and
c. Approves the Coastal Development Permit and Special Permit as recommended by staff and subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location:
The project is located in the Shelter Cove area, on the Northeast side of Humboldt Loop Road, approximately 350 feet from the intersection of Upper Pacific Drive and Humboldt Loop Road, on the property known as 499 Humboldt Loop Road.
Present General Plan Land Use Designations:
Residential Low Density (RL). South Coast Area Plan (SCAP); Density: 3-7 units per acre; Slope Stability: High Instability (3).
Present Zoning:
Residential Single Family on minimum 5,000 square foot parcels (RS-5). Combining Zones: Development Standard (S), Qualified (Q), Alquist-Priolo Fault Hazard (G), and Design Review (D).
Environmental Review:
The project is exempt from environmental review per section 15304 of the California Environmental Quality Act (CEQA)- Minor alterations to the land.
State Appeal Status:
Project is located within the Appeals jurisdiction of the Coastal Zone and is therefore appealable to the California Coastal Commission.
Major Concerns:
None.
Monitoring Required:
None.
Executive Summary:
An after-the-fact Coastal Development Permit (CDP) for historic grading of approximately 40 cubic yards that occurred within the Appeals jurisdiction of the Coastal Zone without the benefit of County review at the property identified as Assessor’s Parcel Number (APN) 109-291-019 and located at 499 Humboldt Loop Road in the unincorporated community of Shelter Cove. The purpose of the CDP application is to resolve existing code violations as specified in the “Service of Notice to Abate Nuisance and Notice of Violation and Proposed Administrative Civil Penalty”, issued by the County on March 23, 2023. A Special Permit (SP) is required for Design Review. The grading involved cut slopes of less than 5 feet in height and the areas have revegetated. No other development is proposed at this time.
Air Quality:
No air quality impacts are anticipated with the proposed project. The project is an after-the-fact Coastal Development Permit for historic grading. No development is proposed at this time as the site has naturally revegetated and an engineer has reviewed the site and found no work to be necessary to stabilize the site.
Biological Resources:
No biological resource impacts are anticipated with the proposed project. The subject parcel is located entirely within a Streamside Management Area (SMA) and therefore requires special attention in regard to sensitive and critical resource habitats. A biological survey was conducted to describe the terrestrial animal and plant species occurring in the project parcel disturbance area, as well as determining whether habitat exists for special status species. No special status species were observed within or near the project parcel during site visits. It was determined that there were no impacts to the SMA or special status species withing the SMA during the unpermitted grading, and no restoration plan is required as the site has natural revegetated itself. No new development is proposed.
Cultural Resources and Tribal Cultural Resources:
The proposed project is not anticipated to impact any cultural resources or Tribal cultural resources. The project was referred to the NWIC and the Bear River Band. NWIC expressed a concern for potential undiscovered archaeological sites and recommended referral to the other tribes. The Bear River Band has determined that the activities of the project do not appear to represent a source of significant impacts on cultural resources for the after-the-fact Coastal Development Permit and Special Permit.
Hazards and Hazardous Materials:
The after-the-fact project is not anticipated to create additional hazards or hazardous materials. The subject parcel is located in an area of high geologic instability. The parcel is mostly flat except at the northern parcel boundary, which drops approximately 40 feet in elevation at nearly 50 percent slopes towards a utility road for Shelter Cove Resort Improvement District. According to a soils report from Whitchurch Engineering in 2004 in which two test holes were dug and observed, there was no indication in the immediate surrounding area of any geologic instability, earthquake faults, or ground water that would be detrimental to this site. The results of the submitted soils report indicate that the site is capable of providing adequate support for the development of a single-family residence, as is principally permitted within this zone, however no new development is proposed at this time.
Hydrology and Water Quality:
No hydrology or water quality impacts are anticipated with the proposed project. The project is an after-the-fact Coastal Development Permit for historic grading. No development is proposed at this time.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment, or recommended approval or approval with conditions. (Attachment 4)
ALTERNATIVE TO STAFF RECOMMENDATION:
The Zoning Administrator could elect not to approve the project. This alternative should be implemented if the Zoning Administrator is unable to make all the required findings. Planning Division staff is confident that the required findings can be made. Consequently, planning staff does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan
2. Applicant’s Evidence in Support of the Required Findings
a. Topographic Map
b. Engineer Assessment
3. Referral Agency Comments and Recommendations
Applicant and Owner
Ashley Puhl
17 Pine Court
Whitethorn, CA 95589
Agent
LACO Associates
Megan Marruffo
21 W Fourth Street
Eureka, CA 95501
Please contact Alice Vasterling, Associate Planner, at 707-268-3777 or by email at
avasterling@co.humboldt.ca.us if you have any questions about this item.