File #: 21-363    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 3/18/2021 In control: Planning and Building
On agenda: 3/23/2021 Final action: 3/23/2021
Title: Gerald McGuire appeal of Planning Commission denial of an after the fact Coastal Development Permit to rebuild a demolished single-family residence.
Attachments: 1. Staff Report, 2. Attachment 1 Final Resolution.McGuire.JHF.pdf, 3. Attachment 2 17025 Application Form 02.18.2021.pdf, 4. Attachment 2a 17025 Fee Schedule 02.18.2021.pdf, 5. Attachment 2b 17025 Inspections Report 02.18.2021.pdf, 6. Attachment 2c 17025 Site Plan 02.18.2021.pdf, 7. Attachment 3 15773 Staff Report and Resolution 2.4.21.pdf, 8. Attachment 4 staff correspondence.pdf, 9. Attachment 5 DPW COA 306-024-004 McGuire PLN-2019-15773-CDP.pdf, 10. Resolution 21-33.pdf

To: The Humboldt County Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

SUBJECT:
title
Gerald McGuire appeal of Planning Commission denial of an after the fact Coastal Development Permit to rebuild a demolished single-family residence.
end

RECOMMENDATION:
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the appellant (applicant), and public;
2. Close the public hearing;
3. Adopt the resolution (Resolution 21-__). (Attachment 1) which does the following:
a. Finds that the requirements of the California Environmental Quality Act (CEQA) do not apply pursuant to section 15270 (Projects Which Are Disapproved);
b. Finds that the project is not consistent with applicable regulations and would an adverse effect the public health, safety and welfare.
c. Denies the Appeal submitted by Gerald McGuire;
d. Denies the Coastal Development Permit.

Body
SOURCE OF FUNDING:
The Appellant has paid the appeal fee.

DISCUSSION:
Executive Summary
An appeal of the Humboldt County Planning Commission's February 4, 2021 denial of the Gerald McGuire Coastal Development Permit application requesting approval for unpermitted demolition, and after-the-fact permits to construct an existing unpermitted single family residence in the Fields Landing Area. This application is the result of a Code Enforcement action at the subject property related to the building in question and the condition of the site, and several other sites owned by the appellant. The Planning Commission denied the permit based on the fact that the unpermitted structure cannot be permitted as it does not comply with the Zoning Ordinance, Humboldt Bay Area Plan or the County Flood Loss Prevention Ordinance.

The appellant filed an appeal of the Planning Commission denial of the project. The applicant takes issue with process during the Planning Commission meeting and the information pres...

Click here for full text