HUMBOLDT COUNTY PLANNING COMMISSION

Board of Supervisors' Chamber

County Courthouse, Eureka

CERTIFIED MINUTES

November 7, 2013

6:00 pm

CALL TO ORDER/SALUTE TO FLAG Chair Disiere called the meeting to order at 6:00 pm.

ROLL CALL Commissioners Present: Faust, Ulansey, Morris, Disiere, Edmonds, Masten, Bongio

Staff Present: Kevin Hamblin, Director of Planning and Building Department; Steve Werner, Supervising Planner; John Miller, Senior Planner; Michael Wheeler, Senior Planner; Steve Lazar, Senior Planner; Karen Meynell, Planner; Cliff Johnson, Senior Planner; Bob Bronkall, Deputy Director of Public Works Land Use; Karynn Merkel, Clerk.

APPROVAL OF MINUTES October 3, 2013 Permits Meeting

Action: Approve the October 3, 2013 minutes.

Motion: Commissioner Faust

Second: Commissioner Edmonds

Ayes: Commissioners Faust, Ulansey, Morris, Disiere, Edmonds, Bongio

Nays: None

Abstain: Commissioner Masten

Absent: Commissioner

Decision: Motion carries 6/0.

PUBLIC COMMENTS

Chair Disiere reminded the public of the three-minute time limit for public speakers.

Chuck Ciancio, Cutten resident, provided handouts and expressed concerns about Timberland Production Zone (TPZ) issues.

AGENDA MODIFICATIONS

By order of the chair, the following public hearing items were moved to the consent agenda: Item #3 Department of Public Works, Brannan Mountain Quarry; and Item #7 John Vevoda Agricultural Preserve.

CONSENT AGENDA

1. DEPARTMENT OF PUBLIC WORKS, MCKAY COMMUNITY FOREST, Eureka area; Case No. GPC-13-005; APNs 015-061-001, et al. This is a report on “the location, purpose and extent” of the proposed acquisition of land for the McKay Tract Community Forest and its “conformity” with the General Plan pursuant to Government Code Section 65402. (JM)

2. TOWN OF SCOTIA, LLC, Scotia area; Case No. PDP-05-01XX; APN 205-351-031. A second two-year extension of a Planned Development Permit (PDP) approved on November 10, 2009. The PDP modifies development standards of the principal zone district and is applied over existing residentially developed areas of the town to accommodate the proposed subdivision. (MEW)

3. DEPARTMENT OF PUBLIC WORKS, BRANNON MOUNTAIN QUARRY, Willow Creek area; Case Nos. SMP-13-002, CUP-13-018, RP-13-004; APN 522-053-003. The project is an application for a 15-year Surface Mining Permit, Conditional Use Permit, Reclamation Plan, and Financial Assurance Cost estimate for a surface mining operation. (MEW)

7. JOHN VEVODA, Ferndale area; Case Nos. AGP-13-003, ZR-13-004; 106-101-030, 106-111-008. An application to add approximately 320 acres into an existing Class C Agricultural Preserve (Vevoda Agricultural Preserve # 06-04, Resolution 06-73 and Resolution 07-84) pursuant to the California Land Conservation Act, otherwise known as the Williamson Act, and the Humboldt County Agricultural Preserve Guidelines. In order to facilitate the addition, a Zone Reclassification of approximately 250 acres from Unclassified to Agriculture Exclusive with a Special Building Site combining zone specifying a minimum lot size of 160 acres (AE B-5(160)) is required. (CJ)

Roll call vote.

Action: Approve the Consent Agenda.

Motion: Commissioner Faust

Second: Commissioner Masten

Ayes: Commissioners Faust, Ulansey, Morris, Disiere, Edmonds, Masten, Bongio

Nays: None

Abstain: None

Absent: Commissioners

Decision: Motion carries 7/0.

PUBLIC HEARINGS

4. SEQUOIA INVESTMENTS X LLC, Fairhaven area; Case No. CDP-13-043; APNs 401-301-005, 401-301-009. A Coastal Development Permit for after-the-fact permitting of the installation of a log debarker, staging area, and associated operations encompassing approximately 27 acres on the total 150+ acres comprising two adjacent assessor parcels in the Fairhaven area. (MEW)

Michael Wheeler, Senior Planner, provided the staff report.

Agent for the applicant, Ryan Wells, Associate Planner at LACO Associates, gave a presentation about the project and responded to questions from the Commission. Mr. Wells pointed out that this project is in a coastal-dependent industrial zone. Also provided a project overview and update on the conditions of approval.

Action: Adopt the Mitigated Negative Declaration and make all of the required findings, based on evidence in the staff report, and approve the Sequoia Investments X LLC project, subject to the recommended conditions of approval.

Motion: Commissioner Edmonds

Second: Commissioner Ulansey

Ayes: Commissioners Faust, Ulansey, Morris, Disiere, Edmonds, Masten, Bongio

Nays: None

Abstain: None

Absent: Commissioners

Decision: Motion carries 7/0.

5. PWM INC, Ridgewood area; Case Nos. CUP-13-017, SP-13-028; APN 303-022-038. A Conditional Use Permit for the development of a 62-foot tall cell tower in the R-1 zone. A Special Permit is also requested to allow the proposed tower to exceed the 35-foot height limit. (SL)

Steve Lazar, Senior Planner, provided the staff report and responded to questions from the Commission.

Thomas McMurray, applicant, and his grandson, Tom, gave a PowerPoint presentation, provided a handout of the presentation, and responded to questions from the Commission. An identical project, under US Cellular ownership, had previously been approved unanimously by the Planning Commission; however, the tower was never constructed and the permit expired in October 2012.

Action: Find that the Mitigated Negative Declaration (SCH# 2010082071) adopted by the Planning Commission on October 7, 2010 remains adequate and that pursuant to Section 15162(b) of the State CEQA Guidelines, a subsequent Mitigated Negative Declaration or Addendum is not required for approval of the current project. Make all of the required findings, based on evidence in the staff report and public testimony, and approve the PWM project, subject to the recommended conditions of approval.

Motion: Commissioner Masten

Second: Commissioner Morris

Ayes: Commissioners Faust, Ulansey, Morris, Disiere, Edmonds, Masten, Bongio

Nays: None

Abstain: None

Absent: Commissioners

Decision: Motion carries 7/0.

6. DEAN SMITHER, Manila area; Case No. CDP-13-026; APNs 400-041-054, 400-041-056. The proposed project is a Coastal Development Permit for a mixed use commercial center consisting of a coffee shop, convenience store, coin-operated laundry mat, office, retail, and storage space all within one structure. (KM)

Karen Meynell, Planner, provided the staff report and responded to questions from the Commission.

Dean Smither, applicant, stated he hoped to address questions from the public regarding crime and homelessness; in his opinion, a commercial center investment in a community usually helps with this.

Action: Find the project exempt from environmental review pursuant to Section 15303 of the State CEQA Guidelines, make all of the required findings for approval of the Coastal Development Permit, based on evidence in the staff report and public testimony, and approve the Dean Smither Lighthouse Plaza project subject to the recommended conditions of approval.

Motion: Commissioner Edmonds

Second: Commissioner Ulansey

Ayes: Commissioners Faust, Ulansey, Morris, Disiere, Edmonds, Masten, Bongio

Nays: None

Abstain: None

Absent: Commissioners

Decision: Motion carries 7/0.

CORRESPONDENCE Letter from Paulette Apostolo to the Planning Commission, dated 10.15.13

Commissioner Disiere asked what happens with correspondence that comes to Commission. Director Hamblin responded that it remains in the project file if it relates to a project. If it does not pertain to a project, as is the case with the letter from Ms. Apostolo, it goes into a miscellaneous file.

Director Hamblin informed the Commissioners that Planning staff have corresponded with Paulette Apostolo regarding her concerns with a consultant. Commissioner Faust requested that if Planning staff correspond or speak with Ms. Apostolo again, that they inform her that the state bar has ability to take on the practices of its less honorable members; complaints can be made online or by phone.

OLD BUSINESS None.

NEW BUSINESS

Commissioner Edmonds commented that the power lines were down in Eureka above the golf course a couple weeks ago and there is no alternate access or egress from the Lumbar Hills subdivision. Is there anything in the updated General Plan regarding subdivisions and alternate access? Could those be considerations for future development?

Kevin Hamblin noted that Lumbar Hills is completely within limits of City of Eureka. There is an unpaved emergency exit that is accessible by all-terrain vehicles.

Commissioner Ulansey said there are plans for further development and a through road, but that he does not know the developer’s schedule.

ADJOURNMENT Meeting adjourned at 7:11 pm.

NEXT MEETINGS December 5, 2013 Permits

January 2, 2014 Permits

February 6, 2014 Permits