[2:00] >> May we please have a roll call. [2:05] [Members roll call vote in progress] [2:32] >> [2:37] (Indiscernible there are some items [2:38] that have been put on the dais this evening for item G point [2:41] one. [2:46] >> And is there also available right in front for folks [2:48] in the audience if they'd like to see them in the agendas? [2:53] Thank you. [2:54] That brings us to item D, public comment on agenda items. [3:00] This time from -- that is relevant to the jurisdiction [3:06] that is not on the agenda tonight. [3:07] If you're here to comment on something not on the agenda, [3:11] please wait and we will have a comment period [3:13] for each item on the agenda. [3:15] Is for items that are not on the agenda. [3:18] So if you would like to make a public comment on a non agenda [3:21] item, please approach the podium or raise your hand. [3:28] If you are online, please raise your hand immediately -- [3:36] in the audience. [3:37] There's a little bit of feedback going on. [3:42] Public commission and the audience [3:44] and see if anybody would like to pull these agenda [3:46] items to have a staff presentation and public [3:49] comment on them. [3:51] Otherwise, we will make one vote as a commission. [3:54] Our first item to see if we want to keep on the consent agenda is [3:59] item one, review and approval of the August 6th, [4:03] 2026 Action Summary. [4:05] Would anybody on commission like to pull this item? [4:08] Would anybody in the audience like to pull this item? [4:11] Please raise your hand. [4:13] Okay. [4:14] We will stay on the consent agenda. [4:17] I saw a hand raised for a moment. [4:21] Please raise it again if you do want item one pulled. [4:26] Okay. [4:27] I'm not seeing it raised again so we will move to item two, [4:31] review and approval of the August 20th, [4:33] 2026 Action formula. [4:36] Anybody on the commission like to pull this item? [4:39] Anybody in the audience and online you'd [4:42] like to pull this item? [4:43] Okay. [4:44] Item three on the consent agenda is Humboldt exotics, [4:49] LLC conditional use permit. [4:52] Would anybody in the commission like to pull this item. [4:55] Would anybody in the audience like to pull this item? [4:58] Okay. [4:58] I'm not seeing any hands raised. [5:02] That brings us to the end of our list on our consent agenda. [5:06] With that, do we have any discussion or a motion? [5:15] >> I moved to approve consent items one through three. [5:17] >> I'll second. [5:19] >> Okay. [5:19] Let's go ahead and just do a voice vote. [5:22] All those in favor please say, aye. [5:27] Any against? [5:28] Any abstain. [5:29] Motion passes. [5:34] >> That brings us to item F, item from consent. [5:36] We did not have any items pulled from consent [5:39] so we'll move to item G, public hearings. [5:41] We have one public hearing item tonight -- [5:44] the new Cingular wireless PCs LLC AT&T mobility conditional [5:51] Use permit Coastal Development permit and special Use Permit. [5:54] We are going to open that up with a staff report. [5:57] I have time for questions from the commission [5:59] and then we will open up public comment for that. [6:02] And then we'll bring it back to the Commission [6:04] for discussion and decision. [7:13] >> Good evening commissioners. [7:15] I'm with the Humboldt County planning [7:18] and I'm here to present the project PLN-2025-19320 Cingular [7:31] wireless PCs and AT&T mobility for a conditional use permit [7:35] and coastal development permit for a cell tower. [7:37] This project is at 3384 Lily Ave. [7:40] The operator is Cingular wireless PCs and AT&T mobility [7:43] and the agent is Erin D law and he's available later [7:47] for questions. -- [7:49] Erin Dillow and he's available later for questions. [7:52] The location of this cell tower is on the northern end [7:56] of Mckinleyville. [7:57] The property is just south of the Arcada Eureka Airport [8:02] and adjacent to highway 101. [8:05] Here is another image showing you [8:09] from the south where the cell tower is proposed. [8:15] This project is for an 89 foot tall monopole tower with stealth [8:23] designed to resemble a large conifer tree, [8:27] surrounding trees ranging between 72 and 76ft tall. [8:31] The lease area for the equipment and the 30 kilowatt generator [8:36] for backup power would be 414ft². [8:38] And the tower would include 12 antennas, 12 remote radio units [8:45] and one GPS antenna. [8:49] This is the location of the decommissioned cell tower. [8:54] It used to be on the gas station 76 on Murray Avenue. [9:00] Most people didn't even recognize it was there. [9:03] This is the proposed new location. [9:07] And then, this is the -- [9:09] I apologize. [9:10] The location on the right is the vertical bridge site [9:15] that recently was approved over at the Bow Prairie Golf Course. [9:24] Several alternative sites were considered [9:27] as required by County code. [9:30] 313912834 -- examined possible sites for the proposed tower. [9:38] This is the existing coverage map of the 76 gas station [9:47] location where the old tower used to be. [9:50] It was recently torn down. [9:52] So you can see the coverage map. [9:55] This next one shows the absence of that tower [10:01] and theoretical use of the vertical bridge site, [10:06] if they were to use the co-location. [10:08] This would be the coverage area. [10:12] This next map shows the proposed site [10:15] of what the coverage would be if the new site were to be built. [10:23] The next few slides are a photo simulation [10:26] of what the tower would look like. [10:29] This is looking south on Lily Avenue, [10:32] towards where the tower would go. [10:34] And as you can see, there's a representation of the tower. [10:38] Again, 89ft tall, monopole evergreen tower. [10:43] This next slide is from the south on Meyers Avenue looking [10:48] Northwest. [10:49] And there it is again. [10:52] This next simulation is from Yamaha place, looking west. [11:02] And that would be the tower of. [11:07] This shot is on the 101 southbound side, [11:12] looking northbound. [11:14] And there's the tower there. [11:18] And this last one is on the south side but looking south. [11:24] And that would be the tower. [11:27] Here photos are taken from in order and I would like to note [11:33] the where y'all are places, this does not show the properties [11:38] that are actually built in this shows what is currently? [11:52] The FFA was contacted as required [11:55] to determine if there was any hazard to the aviation zone. [11:58] The project received a 74601 clearance. [12:01] No tower lights are required nor have they been proposed. [12:06] And the top of the 89 foot tower would [12:09] be six feet below the ceiling of protected airspace. [12:17] This project is CEQA exempt under class three exemption 15 [12:30] 303(c) new construction and conversion of small structures. [12:36] We received public comment. [12:38] We had three emails. [12:39] And a petition was also sent in signed by 21 signatures opposing [12:43] the construction. [12:43] All of the signatures were from residents of Brandon. [12:48] The project is in alignment with Humboldt County Ordinance [12:52] 2787 which was adopted from the California Coastal [12:55] Commission which changed the set uniform standards for wireless [12:59] telecommunication facilities and unincorporated areas [13:03] of Humboldt County. [13:06] Under federal law, the Telecommunications Act of 1996, [13:12] local governance cannot deny a wireless facility permits based [13:17] on health concerns related to FCC compliance radio frequency [13:21] emissions. [13:22] This includes human exposure to radio frequencies, [13:30] RF, electromagnetic fields. [13:32] A study was done and presented in the report as a supplemental [13:35] that you all received earlier today. [13:40] There was also concerns regarding [13:44] the placement of the tower. [13:47] There were -- there was one commenter who suggested moving [13:51] it to the secondary location. [13:53] That was considered. [13:55] This is the current location considered. [13:57] This location is slightly southwest [14:00] which was also considered. [14:02] This is located at 3248 Lets Avenue along the Hammond Trail. [14:10] Per the applicant, this was considered. [14:12] But with the concerns regarding vegetation -- [14:16] lack of vegetation to blend in the monopole with its stealth [14:20] design, it would also be much more visible from the Hammond [14:23] Trail and the highway itself. [14:24] And it was also in the safety zone [14:28] two for approaching incoming airplanes as well. [14:35] Staff does recommend an additional condition. [14:41] The tower is currently considered a broad leaf tower [14:46] design. [14:47] We suggest having a faux pine to match the Monterey Pine design [14:51] as opposed to the broad leaf. [14:53] So that way it would match the trees. [14:55] Staff recommends that the tower be approved. [15:01] The proposal implies -- complies with all telecommunications [15:06] facility ordinances. [15:08] The lease area cited -- the lease area is sited in a grassy [15:14] field and is absent from watercourses and sensitive [15:17] habitat. [15:17] And the requirements from the variances from the airport [15:22] have also been approved. [15:25] And I'm available for any questions. [15:32] >> Before we move to public comment, [15:34] does the commission have any questions for staff? [15:38] Commissioner Kyriazi. [15:46] >> Thank you. [15:47] Can you clarify again what the zoning [15:49] is for that property and the surrounding property? [15:52] Isn't mostly residential around that parcel? [16:23] >> Pardon me. [16:24] It is considered residential low density, five, suburban area [16:27] with a combining zoned for airport review and noise [16:32] impacts. [16:34] RS5. [16:37] >> So why wasn't it able to go back to the property for the gas [16:41] station property? [16:42] >> The owner of the gas station denied renewing the lease. [16:45] So there was no way to keep it. [16:49] >> But the gas station is going back on that site? [16:53] >> I don't know what's going on that site. [16:54] It's been razed. [16:55] I don't know what's currently going to happen to that site. [16:58] And [16:59] >> They have permits to reconstruct and you can gas [17:02] station with a new convenience store. -- [17:04] to reconstruct a new gas station with a new convenience store. [17:08] So when you showed that circle, that was the zone [17:10] that it would serve? [17:13] >> Sorry, that circle was showing the different locations [17:18] that were considered for the new site. [17:22] >> For the new site? [17:23] And is there a circumference of that circle. [17:26] Like, how many feet out did it go? [17:29] >> I don't have that in front of me. [17:31] >> Because I'm in that circle, and I didn't know if that was [17:33] a conflict. [17:34] >> The applicant is here so he might be able to provide that [17:37] information. [17:38] >> I would not say that's a conflict. [17:40] I, unless you're within close proximity to the actual site. [17:45] But being within the circle, no. [17:49] >> Okay. [17:56] >> I saw Commissioner MacFarlane in commissioner curiosity. [17:59] >> I saw there was a referral to the county of development [18:01] of Environmental Health for hazards because there were [18:04] so many comments about radio frequencies. [18:05] Was there any referral to county public health or any third party [18:10] health person to weigh in on that? [18:16] >> There was not. [18:17] And again, as was said, federal law [18:20] prevents us from considering the health effects [18:23] of radio frequencies as long as it complies with the FCC [18:26] standards. [18:27] And so that's what we do. [18:29] We make sure that it complies with the standards. [18:32] And presumably, if it's approved, [18:33] the FCC would also require them to comply with the legal RF [18:38] standards. [18:46] >> I'm sorry. [18:47] I saw that it was in the Coastal Appeal zone. [18:49] Did they make any early comments? [18:50] >> No. [18:51] They did not make any referrals or comments. [18:54] >> Commissioner Curiosi. [18:58] >> I guess, can you repeat one more time what the FCC says we [19:04] are allowed and not allowed to reject based on -- [19:07] you had it pulled up on the slide. [19:11] And I guess, related to that, for the Beaupre cell tower, [19:18] I noticed that the RF analysis actually [19:21] included a watts per square meter [19:23] on the ground at different radiuses around that antenna. [19:27] But this report was pretty bare boned. [19:31] So I'm curious, because I'm assuming [19:34] the FCC regulations are based off [19:36] of that watts per square meter exposure. [19:38] And I didn't really see that in this analysis that was done. [19:52] >> Again, the analysis was what we were -- [19:54] what we received on the applicant. [19:56] It was signed off by the electrical engineer leading [19:59] the project -- completing the project. [20:02] And it was stamped. [20:03] So we have to assume that it was correct. [20:05] I apologize if I wasn't as detailed as past reports [20:09] that you've seen. [20:11] >> Just to repeat what we had had up on the slide was that [20:17] the Federal Telecommunications Act states that local [20:22] governments cannot deny a proposed facility based [20:25] on the health concerns of RF as long as the RF standards that [20:30] they set are compliant. [20:38] >> Commissioner Skavdahl. [20:39] >> I didn't notice in the staff report that you sent to us [20:42] or the presentation tonight that you have included any visual [20:45] simulations from the alternative sites or coverage maps. [20:50] Are those available? [20:52] >> Those were not provided. [20:54] >> Thank you. [21:00] >> Any additional questions before I move to public comment? [21:07] >> Thank you. [21:09] I guess we have a stamped analysis from an electrical [21:16] engineer, but it doesn't -- [21:20] I think the one thing that gives me [21:22] pause is that I don't see the results of the modeling [21:27] that they claimed was done by approved software. [21:30] I just see a stamped sheet saying, we are good. [21:33] And what kind of concerns me is that I surrounding area [21:37] is all zoned as residential. [21:39] And so I don't know how closely residences are allowed [21:43] to be built to this facility. [21:47] And so, I'm sorry, maybe I'm getting too far [21:52] out of questions. [21:54] But I'm wondering if it's possible to get more detailed [21:58] results -- [21:59] analysis results. [22:00] >> If I could, one of the things -- clearly, [22:03] the maximum permissible exposure is identified within the report. [22:08] It identifies that it's less than that. [22:11] One of the things that commission can do, [22:15] you can commission the project to demonstrate compliance [22:19] with the FCC regulations. [22:23] Normally, FCC, their RF regulations [22:27] are kind of off limits in terms of making a decision on a land [22:33] use permit. [22:35] But you can ask for proof that it complies [22:38] with the FCC regulations. [22:41] So I think there's a balance there in terms of whether [22:45] or not that's something you need to see [22:47] before you're willing to take an action on it. [22:50] Because you can't approve it or deny it based upon that. [22:53] But you can absolutely require that they demonstrate [22:56] that they are in compliance with modeling [23:00] prior to issuance of permits. [23:09] >> To follow up, how close can a neighboring residential lots [23:13] that aren't developed With this tower preclude them from [23:20] their currently allowable future development -- [23:22] developed would this tower preclude them from [23:25] their currently allowable future development? [23:28] >> I'm sorry, could you please repeat the question? [23:34] >> Would installing the tower preclude the adjacent currently [23:36] zoned residential lots from future development because it [23:39] would violate a setback limit? [23:42] >> According to our current county code, [23:45] the shortest setback would be 50ft. [23:49] And that would require a variance. [23:51] The closest home which is on the property that the tower would be [23:55] sited is a little over 150ft. [24:00] >> So the short answer is no, it's not going to adversely [24:04] affect any lot from development. [24:12] >> Okay, I'm not seeing any additional commissioner [24:14] questions at this time so it seems like a good time to open [24:17] up public comment. [24:18] We're going to start with folks in the room. [24:20] If you could please approach the podium [24:21] and make a line if you'd like to comment on this item. [24:24] And if you are online or calling in [24:26] and would like to comment on this item [24:28] please raise your hand now so that I [24:30] know who to call on when we move to that time. [24:33] As I mentioned before, there can be [24:34] a bit of a lag in the video feed so it's good to get practice [24:37] to raise your hand immediately. [24:39] And then we will come to you once we finish [24:41] the in-person commenting. [24:44] >> If I could interrupt. [24:46] Normally, it's the practice of the commission [24:49] to allow the applicant to speak first. [24:52] >> You are correct. [24:55] thank you for reminding me. [24:57] We will have the applicant speak first. [24:59] They have up to ten minutes. [25:00] And then we will move to public comment in the room, [25:03] and then we will move to online public [25:05] >> Thank you, commissioners. [25:07] I'm Erin with centerline Communications representing [25:10] AT&T on this project. [25:12] I'd like to thank you all for being here [25:13] and doing what you do. [25:15] I would also like to thank planning staff and Michael [25:19] for that presentation. [25:20] I had a whole bunch of things to say [25:21] but he has really already said them. [25:23] I'd also like to thank the public for being out here. [25:28] Yesterday I received copies of the community's feedback [25:31] and the petition. [25:32] There are concerned -- their concerns seem to revolve around [25:37] three issues. [25:38] One is the potential negative health effects of e m exposure. [25:42] I read Doctor de letter regarding her condition -- [25:48] e m e exposure. [25:50] I read doctor letter regarding her condition. [25:55] I can say that AT&T takes very seriously obligation [25:58] to be in compliance with all rules and regulations. [26:01] I am in no way or qualified to speak on the matter. [26:05] They did have the independent engineering firm [26:07] run a study on the maximum exposure [26:08] to a person on the ground that they [26:11] could receive from this tower. [26:13] And I believe that the number was 3.156% [26:16] of the maximum allowable limit. [26:22] I mean no disrespect and I don't mean [26:26] to discredit anybody's thoughts or opinion on this matter [26:28] pure mind I'm just saying that AT&T follows the rules. [26:31] There was also some commentary about the possibility [26:36] of declining home values. [26:37] Before I got into wireless, I was a realtor selling [26:41] homes in the Sacramento area. [26:43] And all I can say is that the value of a property [26:48] is determined by the buyers opinions. [26:51] And it can vary widely to be surprising. [26:55] Recently, I did a public hearing in Palo Alto. [27:00] Only one couple -- a neighbor showed up to the hearing. [27:04] And they wanted to make sure that their house was getting [27:07] better coverage because they accessed [27:08] the internet through their hotspot off their telephone. [27:12] So what may be negative to one person [27:14] may be somebody else's positive. [27:15] It's up to the buyer. [27:18] Yeah, and the last thing is the candidate on lets avenue [27:25] that Michael addressed. [27:26] I was there with the owner. [27:28] And while I was standing at the site, [27:30] I could see people walking by on the Hammond trail. [27:33] And there's some bushes around but no real tall trees [27:37] to hide the thing in. [27:38] I've been doing this for a real long time. [27:40] I try to sites -- site the sites as well as I can and have some [27:44] tree camouflage or whatever type of camouflage camouflage we can [27:47] get to keep -- to keep it hidden as soon as possible. [27:53] With that said, I'm here to answer [27:54] any questions you may have. [27:58] >> If the permit was not approved tonight, [28:00] would AT&T abandon the project? [28:02] Where will they move it to a different location? [28:07] >> That's not a decision that I can make. [28:11] Like I said, I'm a representative. [28:13] I'm not even an employee of AT&T. So [28:16] that would be up to them. [28:24] >> Thank you. [28:25] >> Sure. [28:27] >> Okay. [28:27] Now we're going to open it up to public comment. [28:30] Folks who would like to comment on this item, [28:32] you will have three minutes. [28:33] So if anybody in the room would like to comment on this item, [28:36] please approach the podium. [28:38] And if you are calling in online, [28:39] please raise your hand now. [28:41] It is star nine to raise your hand. [28:45] I'm not seeing anyone in the room approach [28:48] the podium so we will move to online. [28:50] And I see a couple of folks with their hands [28:52] raised so I'm just going to start with my first person [28:54] and move down the list. [28:57] Doctor Stephanie Israel de Souza, you have three minutes. [29:02] >> Thank you. [29:03] Good evening, I'm doctor Stephanie Israel de Souza, [29:07] a resident of Yamaha place and the one [29:09] who circulated the petition against the proposed cell tower [29:11] location at Lillie Road. [29:13] I spoke to a total of 23 residents at Yamaha Place. [29:16] 21 of these 23 opted to sign the petition [29:19] due to the concerns about the impact on the cell tower [29:21] on our neighborhood, our property values and [29:23] or our health. [29:24] Of these 21, 19 are homeowners and to our renters. [29:28] Many of these residents want to be here tonight [29:30] but had work come a school or child related [29:32] schedule conflicts. [29:33] I would like to share my insights from my conversations [29:36] with my neighbors. [29:37] The concern universally shared by homeowners [29:39] that signed the petition was the negative impact that it would [29:42] have on our property values, which is backed up [29:45] by all peer reviewed studies in the real estate literature. [29:49] Several who signed brought up concerns regarding [29:52] how the Amazon facility going into the nearby airport business [29:56] park will already make our neighborhood less desirable, [29:59] noting that adding a nearby cell tower on top of that [30:01] could significantly impact the character and desirability [30:04] of our neighborhood. [30:05] And thus worsen the impact on our property values. [30:08] Many expressed concerns about how visible the cell tower will [30:11] be from our yards and windows, noting [30:13] that an 89 foot tower will stand well above the highest trees. [30:17] Some referenced the cell tower and the golf course [30:19] noting that the monoplane design does not look anything [30:22] like a real tree and still represents [30:24] a significant eyesore. [30:25] Residents who signed questioned the justification [30:28] for placing the cell tower adjacent [30:30] to a residential neighborhood, suggesting [30:32] multiple possible alternatives that [30:33] would be less intrusive and less damaging for our values the. [30:38] Whether -- was there an area zoned for commercial [30:41] or industrial use and other areas not right next [30:43] to residential neighborhoods. [30:44] Possible alternative locations suggested [30:46] by residents including placing on the existing [30:49] tower in the golf course, placing the cell tower [30:51] at the northern end of the airport business park, perhaps [30:54] even on top of the proposed Amazon facility. [30:55] Or even placing the tower at the far northern end [30:58] of the same parcel on Lillie Road known by residents [31:01] as the area where horses are known as the road [31:04] closest Airport Road. [31:05] I did not circulate the petition due to the short notice [31:09] we received and limited on my own time [31:10] as a professor and mother. [31:11] But I imagine that other nearby residents likely [31:13] share the same concerns expressed [31:15] by the residents of Yamaha Place. [31:16] At the time the petition was circulated to, [31:19] we were not aware that an alternative site assessment [31:21] was conducted which identified another site at 3248 Lutts [31:25] Avenue. [31:26] Although this location is still closer to our homes [31:28] and I personally am comfortable with due to my specific health [31:32] concerns, this location seems preferable [31:34] as it is not adjacent to any residential neighborhoods. [31:38] This would significantly reduce if not [31:40] eliminate any negative impact on our own property values [31:43] in addition to reducing the overall impact to any property [31:46] values. [31:47] The 3248 Lots Avenue site seems preferable via a least intrusive [31:52] means test. [31:53] Each of the 21 residents of Yamaha Place that [31:56] signed the petition ask that this location of the cell tower [31:59] be reconsidered. [32:00] Thank you for listening to our feedback. [32:08] >> Okay. [32:09] I have one more person with their hand raised. [32:09] Just as a reminder, please raise your hand now [32:11] if you would like to speak on this item. [32:12] Lindsey Reed, you have three minutes. [32:15] >> Good evening members of the board and thank you for giving [32:18] me the opportunity to speak today. [32:20] I am also a resident of Yamaha Place [32:22] and I'm here today because I have [32:24] serious concerns about the proposed cell tower [32:26] placement near my property. [32:28] The current location is extremely close to my home [32:31] and I'm really worried about the long term [32:33] impacts this structure will have on both my property [32:36] value and the overall character of our neighborhood. [32:39] Several real estate and urban planning analyzes [32:43] indicate that homes located near large cell towers [32:45] can experience notable decrease in value. [32:49] While exact numbers vary between the city, [32:52] many reports show reductions in residential property values [32:55] ranging from anywhere between roughly 10 to 15% [32:59] when a tower is placed in close proximity to a home. [33:01] This potential loss is significant and deeply [33:03] concerning for homeowners who have invested [33:05] in their properties and rely on equity for financial stability. [33:09] I want to emphasize that I do understand [33:11] the importance of reliable cellular service [33:14] and infrastructure improvements for our community. [33:17] And my request is not in opposition [33:19] to progress, but rather in support [33:21] of finding a location that offers the same service [33:24] benefits without facing such a substantial commercial structure [33:28] directly beside existing homes. [33:30] I respectfully asked the board to reconsider [33:33] the current proposed site and explore alternative locations [33:36] that will still meet the community's connectivity needs [33:39] while minimizing negative impacts on nearby homeowners. [33:42] Choosing a less residential location such as the Lutz Avenue [33:48] would help preserve property values, [33:51] protect neighborhood character and ensure that infrastructure [33:56] improvements would benefit everyone [33:58] without causing undue burden. [33:59] Thank you for your time, your consideration and commitment [34:02] to finding a balanced solution that [34:04] supports community and progress in homeowner protection. [34:08] That's it. [34:12] >> Thank you. [34:15] >> I see you have your hand raised. [34:17] You have three minutes, Amy. [34:20] >> Hey there. [34:21] This is Amy Bland. [34:22] I also live on Yamaha Place. [34:24] You can see my travel trailer in the picture that [34:28] was taken from Yamaha Place. [34:31] And I am also worried about the value of my home. [34:35] This is not my forever home and I would like to eventually [34:38] sell and move somewhere else. [34:41] So I also am on board with Stephanie and Lindsey [34:46] regarding this situation with the cell phone tower [34:50] and the overall health and well-being of our families. [34:54] And of course, our children. [34:56] As you can see in the map, it is a cul de sac [35:00] and a lot of children are outside playing. [35:04] It's a pretty safe neighborhood overall. [35:07] And I think the eyesore is also going to be a huge problem. [35:11] I think it looks ugly, personally. [35:14] And I don't think it should be here. [35:17] I think it should be close to the Hammond trail. [35:19] Thank you. [35:23] >> Thank you. [35:24] Okay, I'm not seeing any other hands raised online. [35:27] I'm going to give one more second to make sure [35:30] and then we are going to go ahead and close public comment. [35:33] Okay. [35:34] We are going to go ahead and close public comment [35:39] and take this back to commission for deliberation. [35:44] Commissioner Kyriazi. [35:47] >> Can I ask what the zoning is around the alternate site? [35:51] Are you able to pull that up? [35:54] Is it the same zoning? [35:56] Was it low density residential? [36:06] Them the zoning of the -- [36:15] >> The zoning of the alternate site (Indiscernible). [36:19] Where is the zoning? [36:23] It's not here. [36:25] That's interesting. [36:28] Let's try this. [36:36] our GIS is not showing the zoning. [36:43] Let's take a look at something else here. [36:53] >> Commercial recreation is the zoning of the property that [36:56] the alternate site would be on. [36:58] But all of the properties north and south are zoned residential. [37:13] >> Would you be able to bring that map up for us? [37:16] And Commissioner, I see you have a question next. [37:27] >> That should be up on the screen share. [37:28] The property is the one that is shown there in red. [37:31] So what this is doing is showing the zoning. [37:35] Everything yellow is residential. [37:37] Light yellow. [37:38] And then red is the commercial recreation zone. [37:41] So that red property is the alternate site. [37:45] And then, if I take that layer off, [37:52] you can see that there is a residential neighborhood [37:55] down to the south. [37:57] And a larger lot residential neighborhood to the north. [38:02] >> If we were to pursue an alternative site, [38:06] would we need to re notice this decision? [38:18] >> It's my recollection from the past, [38:19] when we evaluated cell tower sites, we've had -- [38:27] the applicant has provided comparative information [38:29] on the alternative sites, including visual as well [38:33] as coverage maps and those types of things. [38:35] So it's difficult for me to make a decision here [38:39] without that comparative information. [38:41] I know visual impact is somewhat subjective, [38:47] but personally, I don't consider the impact of a drive [38:51] by on the freeway the same as driving home to my house. [38:55] So the people that live in the neighborhood [38:57] and have front yards and backyards, [39:00] and this is in their view shed, I consider [39:03] that a little bit different than perhaps [39:06] driving by a freeway or even walking or biking along a trail. [39:12] So I would need -- for this project, to support it, [39:17] I would need a complete practice with that additional information [39:20] and comparative analysis. [39:21] I'll tell you right now, for those reasons, [39:24] I'm not going to be able to support this. [39:35] >> Commissioner curiosity. [39:36] >> Thank you. [39:38] Can you clarify if future modifications to the cell tower [39:43] were to increase the cumulative total watts per square meter [39:49] output from that tower? [39:51] Does that require a permit process? [39:54] And does the county staff -- what would that look like? [40:00] >> That would not require a permit from county staff. [40:08] >> You could attach conditions to this though. [40:11] It would say that any future modifications need [40:15] to demonstrate compliance with RF -- [40:19] FCC RF emission requirements. [40:30] >> Yes, I was just thinking back to the old cell tower site. [40:34] It was probably less than 150 yards from Widow White Trailer [40:39] Park, correct? [40:40] And there was nothing done on that cell tower [40:42] to protect the viewshed or even try to hide it via a tree. [40:45] Is that correct? [40:47] >> Correct. [40:48] It was strictly a gas station pole sign, rather tall, [40:54] with antennas off the top. [40:56] So I would consider this an improvement over what [41:00] was there once before. [41:03] It's real close to an industrial area [41:06] as well that is looking in the future to be developed. [41:09] I understand that it may not be the prettiest thing [41:12] in your backyard, but I believe we [41:16] don't worry about the viewshed, especially when they've [41:19] tried to dress it up. [41:21] If we move it over to the other side of the highway, [41:23] you're going to have the same complaints just from somebody [41:26] else on the other side. [41:27] The health concerns, I like the condition [41:30] of approving that they are within the FCC regulations. [41:37] So I for 1 a.m. [41:38] In favor of this project. [41:43] >> Just to ask for clarification, [41:45] I didn't see it on the alternative site analysis. [41:49] But I thought someone had mentioned that the let's site [41:54] was -- at the Lutz site was in the safety zone of the airport. [41:59] Is that true? [42:00] >> It would have been in safety zone two of the airport. [42:02] The current proposed location is technically also [42:06] in Safety Zone two. [42:07] However, it is on the far right side of the approach. [42:11] The alternative site is directly on approach. [42:15] However, it is further back from what they would [42:18] consider the tower location. [42:20] So the FAA would still have to do a review to make sure [42:23] that it would be Approvable. [42:25] But it is technically a greater distance [42:28] from the end of the runway. [42:29] So I would assume that they would approve it. [42:31] But I am not the FAA. [42:37] >> Greater distance, but also in a direct flight path? [42:40] >> Correct. [42:44] >> I'm sorry I don't have the information in front of me. [42:47] Can you help us understand the alternative [42:50] to site proposed distance to potential residences compared [42:56] to the current proposed site distance to residences? [43:15] >> The closest site for the currently proposed is 150ft. [43:19] The neighborhoods on Yamaha Place range between from what I [43:25] calculated, 250 to 350ft depending on what side [43:30] of the road you were on. [43:43] >> (Indiscernible) (Indiscernible) [43:49] >> I'll share a little bit of my thinking right now. [43:52] I particularly feel for the public commentator [43:53] who has chronic health condition and struggles [43:55] to find a safe place to exist. [43:57] I know what that's like but I also [44:00] understand that's not within our purview [44:01] to make a decision tonight. [44:03] I think my thinking, from what I'm understanding, [44:06] if there is an alternative site that the only difference is -- [44:12] the primary difference for not choosing that site is because it [44:15] does not blend as easily with the surroundings because there [44:18] are not as many tall trees. [44:20] I lean towards trying to address the neighborhood's concerns [44:28] around their home values and a second site that potentially [44:35] does not have neighbors as close but does a bit hinge on [44:39] how close we have residents at this other alternative site. [44:42] Because I do hear that if we are just looking at another site, [44:46] then we are looking at a second neighborhood that's upset. [44:48] That doesn't really get us anywhere [44:50] and I would hate to delay the applicant for no reason. [45:01] >> I guess, in response to that, I'm still undecided. [45:08] Just what you stated, the only difference [45:11] is we now move it to the direct approach path. [45:14] We also move it to the west side of the highway which means [45:17] it's going to be much bigger compared to the -- [45:20] concern to the Coastal Commission. [45:22] That's not our decision to make. [45:24] That's up to the decision -- [45:26] Commission. [45:27] >> A much higher but even passable part of permitting [45:30] because of the visual impacts and just the coastal [45:35] development. [45:35] I also didn't see a biological report done for the Lutz Avenue [45:39] so we don't know if that is in a wetland or something that [45:43] would actually prohibit the Non-compatible use. [45:51] >> To add to that, I think the difference would be that [45:54] the Lutz site is presumed commercial recreation, [45:58] which to me has some meaning in terms of the likelihood [46:02] of residences being built super close to that location is less. [46:12] >> May I ask to you, it has some meaning in that it's favorable [46:15] or not favorable? [46:18] >> Favorable in terms of my concern of RF exposure, [46:24] just watts per square meter, and making sure that it stays [46:29] in compliance as development happens. [46:31] But I also appreciate Director Ford's suggestion [46:36] of conditioning that any future upgrades that [46:38] changed that Watts per square meter output, [46:41] just to make sure they demonstrate compliance with FCC. [46:44] And I'm okay with that as well. [46:51] >> Just the discussion and the speculation if you will about [46:54] one site versus another site and the impacts, [46:57] whether it's in the FAA flight zone, [46:59] whether it's in the coastal zone, [47:00] whether or not there's more residents there. [47:03] That's the challenge that I'm having. [47:04] We don't have comparable information [47:06] and a complete packet of information [47:09] on one site versus the other. [47:12] So, it's difficult for me to make that determination based [47:18] on what ifs , without having had the applicant provide that [47:29] similar depth of information on both sides. [47:33] Instead, the applicant has selected a site [47:36] and justified that site as being more preferred. [47:44] And so that leaves me in the quandary. [47:49] And I'm still >> I certainly understand that sentiment. [47:54] And I think my thought is that from our purview, [47:57] it is our job to review what the applicant has submitted [48:02] and then what staff have reviewed as part [48:04] of the application package. [48:05] And so if staff agrees with the applicant [48:08] that the site complies with all regulations, [48:12] and I could definitely get on board [48:16] with the condition of demonstrating compliance [48:19] in the future. [48:20] But I think at this point I'm leaning towards support [48:24] for the project. [48:32] >> We did find the distance to the nearest residence from [48:35] the alternative site. [48:36] And the nearest residence is approximately 280ft. [48:41] >> Thank you. [48:47] >> So just to confirm, Yamaha was 250. [48:48] So we see no difference in proximity to residential ? [48:57] >> Yeah, to clarify though, Yamaha place is a more dense [49:00] neighborhood than what you would have adjacent to Lutz . [49:06] So it's not a complete comparison. [49:11] >> And there is that residence that is on the proposed property [49:15] that is closer, yes? [49:24] Which I'm assuming that because it's on that property, [49:29] those property owners are consenting to the cell tower. [49:32] >> Our understanding is that the people who live on that property [49:35] are renters so we do not know if they've actually consented. [49:39] >> (Indiscernible) [49:40] >> They would have received notice of this hearing. [49:44] >> Thank you. [49:49] >> It does state for that property (Indiscernible) that [49:53] has a willing landowner on the analysis. [50:10] >> I think I'm leaning towards Commissioner scandal and I'll be [50:12] interested in a bit more information on the alternative [50:14] sites presented by the applicant. [50:21] >> You guys know my opinion but I generally support cell towers. [50:26] But if 19 homeowners -- and a lot of Mckinleyville has turned [50:33] into rentals. [50:33] But when you have 19 out of 21 of the homeowners opposed to it, [50:37] I think we should listen to people who [50:39] have invested in Mckinleyville. [50:41] And primarily the towers there that [50:45] serve people driving up and down the highway, [50:47] that's its primary function. [50:49] But I would vote against it. [50:52] That's my opinion. [50:59] >> (Indiscernible) answered your question before [51:01] but the alternatives analysis does say that the Lutz parcel [51:04] would be considered as part of the primary candidate [51:07] if the first parcel was disqualified. [51:09] So I think from that, we can interpret based on your earlier [51:13] question that AT&T wouldn't scrap the project, [51:15] but they would review the second site. [51:17] So we don't know if the second site is permeable, [51:20] but they would still pursue the project. [51:25] >> So I'm hearing sentiments in favor. [51:27] I'm hearing sentiments against. [51:29] I'm hearing that we need more information. [51:31] Unless there's more discussions to be had, [51:36] would anybody care to dabble in a motion [51:39] in one direction or another? [51:45] >> I'll take a stab at one. [51:46] I would move to continue this project [51:49] and request the applicant to provide additional information [51:53] on alternate sites including equivalent information as [52:04] presented for the primary site. [52:10] >> I'd make a recommendation. [52:11] Before you make that motion and get a second on it, [52:14] I would encourage you to talk to the applicant [52:16] and see if they are willing to do that. [52:22] I'll just ask you to ask that question [52:25] and I would ask you to ask that question. [52:28] >> Can you remind me of the applicant's name? [52:32] >> It looks like Aaron Deleo. [52:38] >> Please approach the podium, yes. [52:41] >> Thank you for that. [52:42] I was dying to come back up here. [52:45] So I was asked to provide information about the candidate [52:49] over by the golf course, which, if you had asked about photo [52:55] simulations and other information [52:56] about the Lutz candidate, I'd be happy to provide that. [53:00] I think that AT&T would prefer to continue and provide [53:04] additional information than to have a denial [53:08] and possibly go to appeal or whatever type of other remedies [53:11] they would want to go for. [53:14] I think that there are problems with the Lutz property. [53:17] I did do the original scrub of this ring. [53:21] We call it scrubbing a search ring. [53:24] The circles that Michael showed on the map, [53:27] there was a smaller one that focused around the gas station [53:31] where the exit site is -- at the site that's being [53:35] decommissioned. [53:35] I searched all of those properties, [53:38] and I didn't find anything that would [53:40] work with a willing landlord and all the other things we need. [53:43] AT&T expanded it even further. [53:46] I've been doing this for two years on this one search ring. [53:50] So I prefer not to scrap everything and just [53:55] be able to provide enough information to you to make [53:59] a informed decision. [54:04] >> Do we have any questions for the applicant? [54:06] Thank you. [54:19] >> I'll second a motion if there is no more discussion. [54:22] (Indiscernible) uncertain. [54:31] >> Okay, we have a motion and a second. [54:33] >> Could you add to that? [54:35] I don't know how to phrase this but could [54:37] you add to this that for the first two sites, [54:42] that we need to hear from the Coastal Commission? [54:46] Especially because the Western site, [54:49] whether it's the biological resources, the visual, [54:52] it completely disqualifies them from permitting at all. [54:55] I think that needs to be a factor in our decision. [54:57] That could be more information for the continuance. [55:04] >> I'm okay with that if that seems like a reasonable [55:06] condition. [55:09] >> We can ask, but we can't force a response. [55:14] >> And to clarify that the west side of the highway is [55:17] significantly different in consideration [55:20] for the Commission? [55:21] Bam particularly, when it comes to scenic vistas. -- [55:28] >> Particularly, when it comes to scenic vistas. [55:32] >> The other thing through the chair is obviously that if it [55:34] were to be considered, we would want to see detailed biological [55:37] information which probably not be able to be obtained until [55:40] next spring. [55:41] We can see about getting some feedback from the commission [55:44] but we're not going to have complete information [55:46] to decide that that is an appropriate site to approve. [55:53] >> Yes. [55:54] Agreement. [55:54] But we could use some existing online resources [55:58] to get a baseline assumption of what could exist. [56:01] And we could get Coastal Commission staff [56:04] feedback on the visual impact, and then [56:07] maybe take the temperature. [56:16] >> I believe we have another question for the applicant, [56:18] if you would please approach the podium again. [56:24] >> I just have a quick question in regards to the property -- [56:27] the second property across the highway. [56:29] Is there any infrastructure already in place as to roads [56:32] to where the cell tower would be installed? [56:35] >> No. [56:35] We would have to improve a road to get to the spot [56:39] that the landowner specified as the best spot to place it. [56:45] That was two years ago. [56:48] So I don't know if the property has changed hands. [56:50] I don't know if that landlord is willing. [56:52] I guess that would probably be the first step. [56:56] But there are problems with that. [56:58] Like I said, I've been doing this for 20 years. [57:02] I try to find the path of least resistance, [57:04] not just only for the community but for myself. [57:07] We don't want this to turn into a battle of us against them [57:12] or anything like that. [57:14] It may very well be in the flight path of the airport. [57:18] And I know we had this current site. [57:23] We had the tower taller. [57:26] And with the local airport authority, [57:27] they had us bring it down because of the distance to -- [57:33] I forget what it was but it was very complicated. [57:36] This new site, we will have to look at the let's site and see [57:43] if it would even be allowed there or they would shorten us [57:47] to 35ft or something that wouldn't work. [57:50] So they would need to be some additional work there. -- [57:54] there would need to be some additional work there. [57:56] >> In the two years that you would review these sites, [57:59] did you confer with the people that lived around the Yamaha [58:02] site or the area? [58:05] >> No. [58:10] >> I just want to put the question on the table, [58:12] what happens if we come back and we have an outpouring of letters [58:18] from the public saying that they are against the Lutz site [58:22] because they use the Hammond Trail and it's a visual impact [58:25] to a scenic view? [58:26] So now we are weighing those opinions [58:28] versus the Yamaha residents. [58:33] It puts us in a bit of a pickle. [58:35] I don't have an answer but it's something [58:36] to consider if we continue it and we see that outpouring, [58:40] because now you have potentially a broader impact. [58:43] >> There's also the alternative that you don't do the tower, [58:45] or there's another site. [58:47] So it's not all or nothing. [58:49] If it's not here, it can't be there, then it'll never happen. [58:55] Of course, there's been money invested in researching these [58:58] sites already, and say they don't want to lose that [59:01] investment. -- and so they don't want to lose that investment. [59:07] >> (Indiscernible) [59:07] >> I think that we consider that after we look at what the review [59:10] is of the alternative site. [59:14] But it's not all or nothing. [59:16] And maybe we don't approve any site. [59:19] I don't know. [59:22] >> My answer to that question is, [59:24] we will have done our due diligence and explored [59:27] alternatives. [59:28] And for me, even if that points us back to the site [59:32] that we are looking at today, I can still [59:34] make a decision to do that if I had all the information. [59:40] So that's all I asking. [59:42] If we check with the FAA and they say it's not feasible, [59:48] then it's not feasible. [59:50] But we checked. [59:51] That's all I'm asking. [59:53] >> I'm going to -- do you have something to say? [59:57] >> I hope it's not a matter of a site or not a site, [1:00:02] because the FCC is pretty strict about that. [1:00:07] They need to provide coverage, we [1:00:10] need to allow them to provide coverage. [1:00:12] What I hear is, is this really a matter of this [1:00:18] being the best site? [1:00:20] Have the alternatives rendered a better coverage map? [1:00:23] Do they render a better visibility? [1:00:25] And so coming back with that information [1:00:28] to demonstrate that this is the better site for coverage. [1:00:32] It is a better sight for visibility. [1:00:38] For the larger community, I understand the residents [1:00:42] are very concerned about it. [1:00:43] And you can't really argue with that. [1:00:46] But it really is a matter of taking the broader picture [1:00:49] into consideration. [1:00:52] >> Can you explain that better to me? [1:00:54] AT&T is the applicant, right? [1:00:56] They are the ones that will financially [1:00:58] benefit from this tower, so how does the FCC need this site? [1:01:02] I thought they were the permitting authority? [1:01:05] >> One thing I can tell you, if you're driving in that area [1:01:08] right now, you saw the coverage map earlier. [1:01:12] People don't have indoor coverage anymore in that area. [1:01:17] Okay? [1:01:17] So now, there's adequate outdoor coverage. [1:01:21] But most carriers want to achieve indoor coverage [1:01:25] so that people can connect to the internet with their cell [1:01:30] phones in their homes. [1:01:31] Right now, that's been curtailed a little bit [1:01:36] because the site has been taken down. [1:01:38] So AT&T obviously wants to provide good service [1:01:43] to their customers. [1:01:44] This obviously is a site that gets used. [1:01:47] I don't think that they think they are going to build a site [1:01:51] and attract customers. [1:01:52] They have customers that they need to serve. [1:01:55] And the FCC wants to make sure that they are [1:02:00] able to provide that service. [1:02:02] And so that's where the FCC gets involved and says, [1:02:06] local jurisdictions, you can't come up with reasons [1:02:09] to just deny these sites. [1:02:14] >> And I'll add as counsel, that the way they do it is very rule [1:02:19] making and it's very detailed (Indiscernible) when state [1:02:23] and local regulations become -- [1:02:25] I'm sorry. [1:02:26] I'll add that FCC regulations also [1:02:29] add in specific rules for when state and local regulations can [1:02:34] amount to an effective prohibition. [1:02:36] And that's something that I'm happy to provide [1:02:38] additional details about. [1:02:39] I'm not saying that anything that I've heard today [1:02:41] hasn't gone on the wrong side of that line. [1:02:43] But really, what it is, it's a great question. [1:02:46] The FCC actually has the ability to limit what any local state [1:02:49] regulatory body is able to do on this topic because of touching [1:02:53] on interstate commerce. [1:02:55] So that is how they authorize that. [1:02:58] >> The lack of coverage is a health and safety issue. [1:03:01] If there's people living in that community. [1:03:03] And I don't know how many are impacted by the fact [1:03:06] that that other tower went down in. [1:03:08] But if they are unable in their home with their cell phones [1:03:11] to call 911 -- well, I guess they can call 911. [1:03:14] But call family or whoever they might need to. [1:03:17] And so you're saying, right now there [1:03:19] are people who can't do that? [1:03:20] Or that are >> don't want to specific arguments -- [1:03:26] comments like that. [1:03:28] But you saw on the coverage map that indoor coverage [1:03:30] was removed from that area, including the residents. [1:03:33] It's not just the freeway. [1:03:35] That was for people who are living there. [1:03:38] >> Who are just AT&T customers? [1:03:39] Because I hadn't noticed a difference. [1:03:42] But, okay. [1:03:45] >> That site may not be off air. [1:03:47] I'm not sure about that. [1:03:49] Will usually try to get the new site up on air before the -- [1:03:53] we usually try to get the new site up on air before the old [1:03:55] site is going to be decommissioned. [1:03:58] >> I'm happy to be corrected. [1:03:59] I thought that the site went down. [1:04:00] Thank you. [1:04:03] >> You might have had a comment before I moved to Director Ford? [1:04:08] Okay. [1:04:09] Commissioner karaoke. [1:04:16] >> I'm just acknowledging the proposed modification [1:04:18] to the motion of asking the Coastal Commission for comments. [1:04:23] It makes sense to me. [1:04:26] And then, including -- it sounds like we are proposing to include [1:04:30] information from the f a. [1:04:33] Is that what I was hearing? [1:04:39] >> We will look at that and we will determine the extent [1:04:41] to which additional analysis needs to be done. [1:04:44] >> Don't both of the sites require the Coastal Commission [1:04:47] approval? [1:04:48] >> No. [1:04:49] >> Just the one? [1:04:51] >> Neither one requires Coastal Commission approval unless [1:04:55] it's appealed. [1:04:57] >> So why do we want to know then what they think? [1:05:01] >> I was asking because on the west side, [1:05:04] you have a much higher likelihood of it getting [1:05:06] appealed. [1:05:07] If he gets appealed to the Coastal Commission, [1:05:11] the Coastal Commission can deny it. [1:05:14] >> So you're just worried about an appeal? [1:05:16] You're not worried about them not getting a permit? [1:05:18] Because the county would be issuing that for them? [1:05:20] >> Right. [1:05:21] But it's much more likely on the west side to be appealed. [1:05:25] >> Okay. [1:05:27] >> I don't know who to ask, if this is a question [1:05:31] to the director, but how long, if we were to ask for this [1:05:35] continuance, how long would that information take to gather? [1:05:39] >> That's something we're going to have to work with [1:05:41] the applicant on to put that information together. [1:05:45] I don't know what their ability is. [1:05:47] We will work with the airport. [1:05:50] But first, we've got to -- realistically, [1:05:54] they've got to do their analysis of the height of the tower, [1:05:58] the location of the tower. [1:05:59] And then after that's done, we know what the coverage is. [1:06:04] Then we can determine the visual impacts. [1:06:07] Then we can talk to the airport director [1:06:10] about what the potential impacts to the airport are. [1:06:22] >> I'm just cognizant of the amount of work that's going [1:06:24] to add to county staff. [1:06:25] We've also had similar cases not where the applicant has [1:06:28] been a large commercial industry, [1:06:30] but some similar cases where it's been an individual [1:06:33] and they don't want the continuance [1:06:34] because financially they need to move the project along. [1:06:38] So I don't know that that applies here, [1:06:40] but I am cognizant of the work that is going [1:06:43] to be put on county staff. [1:06:48] >> I believe we heard from the applicant that they preferred [1:06:51] a continuance over a decision today, [1:06:55] that given the direction of the wind . [1:07:02] I just wanted to -- to some of the comments I heard earlier, [1:07:07] I truly am on the fence on this. [1:07:10] I hear you. [1:07:12] I appreciate that the applicant is willing to find more [1:07:15] information and that this is the kind of project that there is [1:07:20] usually no good side, and we have to make a decision. -- [1:07:25] no good sight, and we have to make a decision. [1:07:27] Two Commissioner's point, I think [1:07:30] I would like to really make sure that I [1:07:32] feel like we've done our due diligence [1:07:36] and are addressing finding the best possible site [1:07:41] for this community. [1:07:42] Thank you for being here tonight. [1:07:45] Thank you for answering our questions. [1:07:48] We have a motion and a second on the table . [1:07:51] We have a request for an amendment to that motion. [1:07:54] I wanted to process the point and make sure [1:07:58] that the seconder was okay with that amendment to the motion. [1:08:02] >> No. [1:08:03] >> Okay. [1:08:04] So then, I do believe, process-wise, [1:08:06] we need director Ford. [1:08:10] >> Process-wide, you even -- you need another second or you need [1:08:14] to reframe the motion. [1:08:16] >> Can I ask why, if you're specifically pushing [1:08:18] for a continuance to get more information, [1:08:20] why wouldn't you want to get -- [1:08:29] >> Because I think that's the applicant's decision whether [1:08:32] they want to approach the coastal Commission. [1:08:32] And I think if we approached the Coastal Commission, [1:08:35] we are putting that pathway in place. [1:08:40] So I would leave it up to the applicant to -- [1:08:45] if they are concerned about that, [1:08:48] they could certainly take it to the Coastal Commission. [1:08:51] I don't think we need to direct them to do that. [1:08:54] I think it opens another can of worms. [1:08:57] >> I guess playing devil's advocate here, [1:09:00] worst case scenario would be we approve the Lutz location, [1:09:04] it gets appealed and then denied by coastal, [1:09:06] and then the applicant is right back here? [1:09:09] >> That's the applicant's risk. [1:09:11] >> Understand that we can't just move it to the Lutz location. [1:09:17] The applicant's agreeable, this application being withdrawn. [1:09:22] A new application being submitted, [1:09:24] sending out referrals that would include the Coastal Commission, [1:09:28] having conversations with the Coastal Commission [1:09:30] about that new application. [1:09:33] It starts all over. [1:09:46] >> I'm convinced and fine with removing those amendments [1:09:50] and keeping to my original proposal to request comparable [1:09:57] information for alternate sites for us to make an informed [1:10:03] decision. [1:10:04] And continuing to >> I believe that brings us back [1:10:11] to our original motion and our second. [1:10:14] Okay! [1:10:15] Well, then, I believe with that, let's go ahead [1:10:20] and have a roll call vote, please. [1:10:25] [Members roll call vote in progress] [1:10:27] >> Yes. [1:10:29] >> Yes. [1:10:32] >> Yes. [1:10:35] >> Yes. [1:10:41] >> Yes. [1:10:42] >> Motion passes. [1:10:45] >> Okay, thank you. [1:10:46] >> Thanks. [1:10:51] >> Alright, this brings us to item H, [1:10:52] our public workshop on the Humboldt Bay area plan. [1:10:56] I think this is probably a good time for us [1:10:58] to take our ten minute break. [1:11:01] We will return at 7:21 p.m. [1:11:04] To take up the workshop item. [1:20:51] >> We are back. [1:20:53] We are going to go ahead and move to our workshop item. [1:21:03] I'm gonna pause for just one moment. [1:21:07] >> My apologies come on we can go ahead. [1:21:10] >> I just wanted to make sure it wasn't anything we needed [1:21:13] to address. [1:21:14] We have a public workshop on the Humboldt Bay area plan. [1:21:17] And we are going to do this a little bit differently tonight. [1:21:21] If you've been following along this [1:21:24] will be our third time with the workshop. [1:21:26] We've made it about two thirds of the way through the document [1:21:31] so far. [1:21:32] Staff has asked to start with a presentation on the Samoa Town [1:21:39] Master Plan. [1:21:40] And then we're going to do public comment on that piece. [1:21:43] And then we will move back to the top of the document [1:21:46] and go through the changes and discuss things again and pick up [1:21:51] where we left off last time. [1:21:53] And if we have time to do a second public comment again [1:21:57] on the other changes to the documents [1:22:00] separate from the Samoa Town Master Plan. [1:22:03] Did I capture that accurately? [1:22:05] Great. [1:22:08] >> Yes you did. [1:22:10] >> Do you have a question? [1:22:11] >> I want to make sure I heard that correctly. [1:22:13] So we're going to cover the proposed changes in the Samoa [1:22:17] master plan section, take public comment [1:22:19] and then go back to the beginning of the document? [1:22:22] >> I believe so. [1:22:25] >> We also recognize that there are some questions on the Samoa [1:22:30] Town Master plan. [1:22:31] We will do that as a part of this. [1:22:35] >> Thank you. [1:22:36] With staff, whenever you are ready. [1:22:52] >> Good evening Commission. [1:22:53] We will be continuing with the Humboldt Bay area plan tonight. [1:22:57] The agenda as chair West has stated, [1:23:02] we will be discussing chapter seven which is the Samoa plan -- [1:23:09] Town Master Plan. [1:23:11] We would like to cover the definitions from chapter eight [1:23:13] and then go to public comment. [1:23:15] It's my understanding. [1:23:16] And then from there, we will review the draft, [1:23:21] implement any changes that we have been discussing [1:23:26] at the previous workshops. [1:23:30] And we've received two public comments [1:23:32] as we're going through the document, [1:23:34] we will address those in the appropriate section. [1:23:39] >> We did hold a meeting for the town of Samoa residents on this [1:23:43] Monday August 31st at 6 p.m. [1:23:46] To discuss these following topics with them to let them [1:23:50] know that we are proposing to discuss these [1:23:53] with the Commission tonight. [1:23:56] The following topics would be adding [1:24:01] a completed in or on date for Samoa Town Master Plan [1:24:06] policy that has been completed just [1:24:08] to make it very clear to everyone involved [1:24:11] that that policy has been met. [1:24:13] But we are not proposing to delete it or add it. [1:24:17] Just simply adding the words completed in or on [1:24:20] and then whatever the appropriate date is. [1:24:22] The California Coastal Commission [1:24:25] had a suggestion to add two sentences to 7.1, purpose [1:24:31] and general provisions. [1:24:32] We are proposing an addition of one sentence to the community [1:24:38] character and visual policy six by not [1:24:41] requiring a coastal development permit to repaint or reroof [1:24:44] a house. [1:24:45] Adding that exterior lighting shall [1:24:47] be consistent with the outdoor lighting ordinance for community [1:24:51] character visual policy eight. [1:24:53] And similarly, adding that sound should be consistent with [1:24:57] the signs ordinance for Community Care -- [1:25:01] character Visual Policy nine. [1:25:03] This would be an example of adding the completed [1:25:05] in or on date for any completed policy within the Samoa Town [1:25:09] Master Plan. [1:25:13] 7.1, the two sentences recommended by the California [1:25:19] Coastal Commission are highlighted in a dark blue. [1:25:23] So there's one at the beginning of the section and one [1:25:27] at the end of the section just clarifying further [1:25:29] the role of the Samoa Town Master plan. [1:25:35] Then moving on to preservation and enhancement of community [1:25:41] character and visual resources to remove the requirement [1:25:46] to get a coastal development permit [1:25:48] to repaint or reroof a house. [1:25:51] The beginning of that policy would start off [1:25:54] with the remodeling and restoration. [1:25:57] And then we are recommending to remove [1:26:01] including but not limited to painting or reroofing. [1:26:04] So a coastal development permit would no longer [1:26:07] be required for those two actions. [1:26:14] Adding the sentence exterior lighting [1:26:18] shall be consistent with outdoor lighting ordinance. [1:26:20] And adding that signs shall be consistent with the signs [1:26:27] ordinance. [1:26:27] We did discuss this with the town of Samoa residents [1:26:32] and did not receive any opposition. [1:26:35] Andere, we can move on to the document. [1:26:59] So this will be from attachment two, the workshop draft revised [1:27:06] for this meeting. [1:27:08] Chapter seven, this is page 125 out of 175, the Samoa Town [1:27:14] Master plan. [1:27:15] So the changes are not included in this draft [1:27:18] because we did want to discuss it [1:27:21] with the residents of the town of Samoa first [1:27:25] and the Commission. [1:27:27] So once again, 7.1, the addition of the area plan land [1:27:33] use maps for this area and Simone [1:27:36] show a Samoa Town master plan land use designation overlay. [1:27:41] The overlay designation provides standards [1:27:43] that supplement that underlying land use [1:27:46] designation of the lands to which the land Use [1:27:48] designation is a applied. [1:27:50] That would go before the purpose of the Samoa Town Master Plan. [1:27:57] And the concluding sentence of that section would be where [1:28:02] a conflict arises between the policies of the Samoa Land Use [1:28:07] Overlay designation and any other policies of the Certified [1:28:11] humble Bay Area Plan, the policies of the Samoa Master [1:28:16] Plan overlay designation shall take precedence -- [1:28:19] I believe it says precedence. [1:28:25] I'm not sure if we want to start scrolling or get [1:28:29] the Commission's opinion on adding the Coastal Commission's [1:28:34] recommendations on those two sentences. [1:28:36] And if it is more challenging to read in this format, [1:28:40] I can go back to the slide show. [1:28:42] Thank you. [1:28:44] >> It's your choice if you would like to walk through these where [1:28:47] we can begin walking through the existing document to allow [1:28:54] comments. [1:28:56] >> Okay. [1:28:58] >> Maybe take a consensus and see if there's any concern with [1:29:01] what's been presented as the changes. [1:29:04] And we can go through those one at a time [1:29:06] if that would be helpful. [1:29:13] >> Commissioners, so far, would you like to go through [1:29:16] the changes one by one? [1:29:18] Do you have thoughts on what you've heard so far [1:29:21] and what to discuss? [1:29:28] >> I don't have any initial changes. [1:29:30] I think pulling up the language in the easier read would be [1:29:35] presentation -- and the easier read presentation would be [1:29:37] helpful just to see it one more time. [1:29:40] Pam okay. [1:29:53] >> Beginning with the beginning section of the Samoa Town master [1:29:56] plan, this would be the first proposed change. [1:29:59] In that dark blue highlighted, those [1:30:01] are the two sentences recommended [1:30:03] by the Coastal Commission to add to that section. [1:30:21] >> Those changes make sense to me. [1:30:29] >> I will move back real quick to the suggestion of adding [1:30:32] a completed in or completed on date. [1:30:36] For this draft, we do not have the completed policies [1:30:40] identified so I cannot tell you how many have been determined [1:30:44] to be completed or what those dates would be at this moment. [1:30:47] However, just an example of that would [1:30:51] be proposing to put it right after the title of each policy [1:30:54] to make it very clear when that was completed. [1:30:58] But other than that, not altering those policies. [1:31:04] >> To me, that makes sense. [1:31:07] >> I don't know where this goes or if it should even be brought [1:31:09] up at this point but is there any way to designate [1:31:13] preservation of historical properties that are out there? [1:31:16] I know it looks like some of them [1:31:18] have been brought up to current standards [1:31:22] but they were still some properties [1:31:24] that I saw when I was out there or buildings [1:31:27] that could be preserved rather than torn down. [1:31:32] >> Yeah, there is language in there about some of the historic [1:31:36] buildings in the existing document. [1:31:40] Once we have finished with this, we [1:31:42] can scroll down and see if that's adequate. [1:31:49] >> I think I'm seeing support for the completed on dates. [1:31:56] >> I guess that this makes sense to me as well. [1:31:59] One thought is, I find the phrase completed [1:32:03] in slightly confusing language. [1:32:06] Doesn't the county code already show [1:32:09] in parentheses added as a particular date [1:32:11] as you go through, and so may be following that same approach. [1:32:17] >> Sure. [1:32:26] >> As a layperson, it's certainly helpful [1:32:30] (Indiscernible). [1:32:31] >> Moving on to the next recommended change or discussion [1:32:36] would be removing including but not limited to painting [1:32:40] and roofing, therefore repainting roofing would never [1:32:45] need a coastal development permit. [1:32:57] >> Do we have to spell out more examples or is it something that [1:33:00] the owners would reach out to you. [1:33:02] Let's say they are replacing a window. [1:33:04] Is it better we leave it less language [1:33:07] and they reach out case by case? [1:33:10] >> If I could, I think the struggle here is that this is [1:33:15] a much higher standard than is applied any place else [1:33:19] in the coastal zone. [1:33:21] And so this is the actual language [1:33:24] that we're just proposing to remove. [1:33:28] Relative to replacing windows or doing other things that [1:33:34] changed the basic refurbished condition of the house [1:33:36] requires a design approval. [1:33:38] So there's already a process for that. [1:33:42] >> To me, it's wild that this ever required a CDP to paint [1:33:46] or reroof a house. [1:33:48] I feel the cost of that added on to whatever is already [1:33:52] a really challenging cost, I'm glad to see we're removing that. [1:34:05] >> The next change would be adding the sentence exterior [1:34:07] lighting shall be consistent with the recently adopted [1:34:09] outdoor Lighting ordinance. [1:34:18] >> I'm seeing head nods for that one in support. [1:34:20] >> And finally, similar train of thought, [1:34:23] adding signs shall be consistent with the signs ordinance. [1:34:27] >> I'm seeing some thumbs up. [1:34:33] >> I'm seeing no concerns. [1:34:38] >> That would conclude the proposed language to the master [1:34:40] plan. [1:34:41] So I will reopen the document and we can go section by section [1:34:45] for that. [1:34:47] >> Okay. [1:34:48] And maybe it didn't make sense but if we [1:34:52] are going to have wind towers out there, [1:34:54] wouldn't they have to be lit in order for safety. [1:34:58] And would that violate our lighting ordinance? [1:35:06] >> So that will be one of those things that will need to be [1:35:09] addressed as part of the port overlay. [1:35:12] Or if the port overlay is not incorporated into this document, [1:35:17] that would need to be addressed as part [1:35:20] of the future approval of whatever the zoning looks [1:35:25] like for the heavy lift terminal. [1:35:47] >> Beginning with 7.1, purpose and general provisions. [1:35:55] Of this first section of policies [1:35:58] is related to new development. [1:36:07] >> So to make sure I'm understanding correctly, [1:36:09] we are reading through this section to see if in addition [1:36:12] to the changes that you are suggesting, [1:36:14] commissioners have any other suggestions or comments? [1:36:19] >> Yes, please. [1:36:21] >> Okay. [1:36:23] >> I have a question. [1:36:25] Could staff just elaborate a bit on what Master parcel two is [1:36:29] and what the role of identifying that plays? [1:36:34] >> Originally, there were two parcels. [1:36:36] There was parcel one which was the ecology parcel and master [1:36:43] parcel two, which was everything else. [1:36:46] And this is identified within the small town master plan. [1:36:51] It was then modified into three parcels. [1:36:55] And parcel one was the parcel. [1:36:59] Parcel two was Vance Avenue and the location [1:37:01] of where the wastewater treatment plan is located. [1:37:05] And it's got some open space associated with it. [1:37:10] And then everything else. [1:37:18] >> I can bring those exhibits up if the commission would like. [1:37:20] It looks like there's a request for that. [1:37:29] >> I'm gonna go to Director Ford with this. [1:37:32] This master plan was developed at the beginning [1:37:41] of the town of Samoa moving from private parcel [1:37:45] to more of a public entity, right? [1:37:48] And it seems when I'm reading through this, [1:37:51] a lot of this stuff has been completed or is in progress. [1:37:59] And I didn't think that the effort [1:38:04] to update Humboldt Bay area plan was also [1:38:10] intended to be necessarily a complete update of the Samoa [1:38:15] Town Master Plan. [1:38:16] But maybe it is becoming that. [1:38:18] Can you clarify that? [1:38:21] >> We're trying not to completely update this. [1:38:24] We're trying to have the lightest touch possible on this. [1:38:29] Even to a point where rather than take a bunch of policies [1:38:33] out, just say, complete it. [1:38:35] This is done. [1:38:37] >> Okay. [1:38:40] So that it's really to provide everybody [1:38:43] an understanding of what's required, what's been done [1:38:46] and when it was done. [1:38:48] And just keep the original approval intact. [1:38:53] >> Okay. [1:38:54] So with that understanding, it seems that we as a commission [1:39:04] really shouldn't be making big changes in the direction [1:39:06] with the town Master plan. [1:39:08] It's a plan that is being implemented [1:39:11] and has been being implemented for several years now. [1:39:14] I get the idea of eating it up in areas [1:39:19] where a great example is not requiring a coastal permit [1:39:23] for repainting your house. [1:39:25] But I was thinking that we weren't trying to go too much. [1:39:29] We need to be careful about making some wholesale changes [1:39:36] to a plan that's already going down the tracks. [1:39:39] >> I think that's a fair statement because there is a lot [1:39:42] that has happened. [1:39:46] Including the development of the Old Town is rapidly moving. [1:39:53] I want to be careful about the adjectives I use there. [1:39:55] But it's moving (Indiscernible). [1:39:59] And there is an improved map for the new town [1:40:02] that has not been recorded yet. [1:40:04] But the tentative map has been approved. [1:40:09] They are in plan check to have the improvement plans approved [1:40:14] and the final map recorded. [1:40:18] So modifying things that would affect those entitlements [1:40:24] should be avoided. [1:40:28] >> With that in mind, (Indiscernible) thank you [1:40:32] for highlighting that again . [1:40:37] Took me a minute to follow along and process everything. [1:40:40] I want to pull the commission and see whether or not we really [1:40:43] truly want to have staff pull this page by page [1:40:48] and see if there's more input from us. [1:40:51] And I want to hear from you guys. [1:40:53] Do you have more input on this than what staff has proposed? [1:40:56] Do we need to go page by page? [1:41:00] Or can we move past this? [1:41:09] >> I would like to propose that we move past the page by page [1:41:12] thing and address any questions if there's no questions [1:41:18] on something -- questions. [1:41:20] If there's no questions on something, [1:41:22] there's no reason to go through that page. [1:41:25] >> Is everybody else comfortable with that? [1:41:28] >> Thank you come on that's a more succinct way of saying what [1:41:30] I was trying to get at. [1:41:34] >> I think I just want to clarify -- [1:41:38] I want to clarify that I see it as staff's recommendation that [1:41:45] we don't touch the master plan in any way outside of making [1:41:52] the changes that have already been made, [1:41:55] rather than we shouldn't. [1:41:57] So I think it is up to us. [1:41:59] I think I agree with staff's approach. [1:42:03] And I agree with going ahead and addressing [1:42:07] the questions we have. [1:42:08] I also want to bring up that I had indicated that there were [1:42:12] a number of things I wanted to bring up [1:42:14] for this section at the last workshop, [1:42:17] but I think staff has itemized comments or responses [1:42:25] to public comment really helped with a lot of this. [1:42:29] So I think I have a couple of questions myself. [1:42:33] >> Thank you for clarifying where you are coming from. [1:42:37] Through this process, I really understood [1:42:39] that the town of Samoa is highly interested in this process. [1:42:45] And are concerned about changes to the Samoa Town Master plan [1:42:50] are a great interest to them -- is a great interest to them. [1:42:56] Are I want to make sure that if we're cracking this open that we [1:43:01] listen to the community and keep the community in mind. [1:43:04] I appreciate that staff went and had a meeting with the community [1:43:07] and that there's a light touch of changes being made now. [1:43:11] And that we've changed our stance from no changes [1:43:13] to sunlight changes. [1:43:15] So I appreciate all of that and I'm [1:43:19] comfortable with the recommendation of not [1:43:21] doing much more than that. [1:43:24] It sounded like Commissioner curiosity, [1:43:26] you did have a couple of questions [1:43:27] that you wanted to address. [1:43:30] >> Yeah. [1:43:32] One, in response to our Ceas comment regarding gas pipelines [1:43:38] and limiting to where those are allowed to be placed. [1:43:45] I think staff was -- was proposing for. [1:43:53] I guess, what's the status of staff [1:43:57] addressing that particular part of the comment? [1:44:02] For example, not allowing pipeline pipelines [1:44:06] through existing residential. [1:44:10] >> I think there's two struggles. [1:44:11] One is that some of the areas are existing residential. [1:44:15] And so we can't very well turn that off. [1:44:22] There are some existing lots in the old town [1:44:26] that are not developed yet. [1:44:29] As we move forward, part of the RCP [1:44:34] would be to try to move away from gas. [1:44:38] Certainly in the new town, moving away from gas [1:44:42] would be appropriate. [1:44:44] That's part of what we're trying to do with the action plan. -- [1:44:52] the Regional Climate Action plan. [1:44:56] >> Thank you. [1:44:57] I think that makes sense. [1:44:59] And it sounds like maybe that is better [1:45:02] addressed in a different section than in the energy [1:45:08] VMT additions made to this master plan. [1:45:14] I do have one other question. [1:45:18] Give me one second. [1:45:19] Where did it go? [1:45:28] The sea level rise numbers, I think, [1:45:36] maybe there's inconsistency in the sea level [1:45:41] rise numbers in new development policy >> [1:45:52] Are you talking about under the geologic hazard analysis? [1:45:54] Because I think I might have the same comment. [1:45:58] Is there a page number? [1:46:01] >> I'll have to pull it up. [1:46:11] >> Hazard policy two and three, is that right? [1:46:24] >> There is different SLR numbers being presented. [1:46:28] >> They're saying 4.5ft of sea level rise but the sea life rise [1:46:32] management area uses the 21 immediate -- [1:46:36] 2100 immediate high which is 5.5. [1:46:39] >> We will synthesize those to go to the more recent number. [1:46:58] >> Immediate high 2100 should be 5.5. [1:47:05] >> If it is the desire of the commission, [1:47:07] which I can't imagine it not being, [1:47:09] we will make those consistent. [1:47:12] >> I'm seeing head nods. [1:47:18] >> Those were my remaining questions. [1:47:19] And I feel like staff's responses [1:47:22] to comments covered everything else. [1:47:27] >> Am I remembering correctly that you also wanted to go over [1:47:31] definitions before I opened public comment on this item? [1:47:37] >> We can do definitions. [1:47:40] >> Why don't we take public comment and if there's issues [1:47:44] with definitions, we can get those along the way. [1:47:48] >> Great. [1:47:49] What we're going to do now is we're [1:47:52] going to open up public comment on the Samoa Town Master plan. [1:47:56] As a reminder, if you're just tuning in, [1:47:59] we are doing two different public comments [1:48:01] for this workshop. [1:48:03] One that is focused on the Samoa Town Master plan and the changes [1:48:07] that staff just proposed. [1:48:09] And then we will do a second one where [1:48:11] we are going to go back to the rest of the document [1:48:15] and then do another comment. [1:48:17] And you can comment in both public comment periods [1:48:19] if you would like to. [1:48:20] This is simply to make sure that folks [1:48:23] who are concerned with the Samoa Town Master plan [1:48:26] changes have an opportunity early on [1:48:29] to directly address those while we are talking about it. [1:48:32] And then we will move to the document as a whole. [1:48:35] Just to reminder, you can comment [1:48:38] during both opportunities tonight if you would like to. [1:48:41] Please adjust your comments to the Samoa Master Town Plan [1:48:47] and what was discussed in it. [1:48:51] >> If you would like to comment, please approach the podium. [1:48:54] If you're online, please raise your hand. [1:48:56] Star nine if you're calling in. [1:48:58] As a reminder, there can be a little bit of a lag [1:49:00] so if you're online, raise your hand now so that I can see you [1:49:03] and know to call you -- call on you when we move to the online [1:49:09] portion of the comments. [1:49:11] >> I'm commenting on everything I can think of. [1:49:15] I wanted to thank very much the county [1:49:18] for creating that meeting for us to all hear about this in Samoa. [1:49:23] I am a Samoa resident. [1:49:25] Don't forget that. [1:49:26] So I appreciate the open communication. [1:49:29] And I do appreciate the expressed concern [1:49:33] that we maintain a historical character [1:49:36] of our quirky little neighborhood down there. [1:49:40] So that was my primary concern. [1:49:43] I really don't think any of my neighbors [1:49:46] or I have any concern about not having [1:49:48] to get a Coastal Commission permit to change our paint [1:49:52] or put on a new roof. [1:49:54] So I appreciate the changes that are being made. [1:49:57] And again thank you for your concern [1:49:59] and care for our little tiny community. [1:50:01] Thank you. [1:50:05] >> If anybody else would like to comment in the room, [1:50:08] please approach the podium. [1:50:09] And if you're online, I'm not seeing [1:50:11] any hands raised currently so please raise your hand now [1:50:14] if you'd like to comment on this item. [1:50:19] >> I'm not seeing anybody else here in the room approach [1:50:22] the podium and I'm not seeing any hands online so we are going [1:50:25] to move back to the commission. [1:50:26] And sometimes it's going to be a confusing process so bear with [1:50:30] me while double Dutch we will be opening another public comment [1:50:35] period later again -- we will be opening another public comment [1:50:38] period later on this item. [1:50:40] With that, let's take it back. [1:50:41] Can you remind me, you're now looking for a direction? [1:50:46] >> I think we've heard the direction. [1:50:48] Unless there's something else you want to add. [1:50:51] But I think we know what changes we [1:50:54] want to move towards making and the things that we need to do. [1:50:58] And so the next step will be to bring back a document reflecting [1:51:04] those changes to you. [1:51:12] >> Your number is off again. [1:51:16] It says 5.3 by 2100 but it should be 5.5. [1:51:38] >> Okay come on I'm not seeing any other comments from [1:51:40] the commission. [1:51:42] >> I just want to acknowledge that at our first public hearing [1:51:45] we did have a lot of concerns expressed from the residents [1:51:48] of the town of Samoa. [1:51:49] Thank you to staff for taking the time [1:51:52] to meet with the community and help bring everybody up [1:51:56] to speed on where we are. [1:51:59] Any comments tonight, and the lack of comments tonight -- [1:52:04] the lack of comments tonight reflect on that. [1:52:07] I appreciate it. [1:52:14] >> To clarify, are we wrapping up section seven and then going [1:52:17] back to the beginning? [1:52:18] Or are we wrapping up? [1:52:21] >> I wanted to clarify. [1:52:22] Thank you. [1:52:23] I think we are bringing it back to staff [1:52:26] to present on the changes made to the document [1:52:30] since the last time we had a workshop [1:52:32] beyond chapter seven, the Samoa Town Master plan. [1:52:45] >> So the first proposed change will be on page five. [1:52:51] And that is an update to the table of contents. [1:52:54] It is changing section 3.2 from General Description [1:53:00] to non structures. [1:53:02] I can elaborate a little bit more on that [1:53:04] once we get to that section. [1:53:05] It was just a duplicate section. [1:53:08] So I'm going to just start scrolling and announcing [1:53:14] some changes. [1:53:16] After a meeting with the Coastal Commission, [1:53:18] we decided to remove the rural subdivision requirements [1:53:23] because that is explicitly discussed in the zoning code. [1:53:27] So that is why we are suggesting removing that section. [1:53:32] That would conclude changes to the table of contents. [1:53:45] Maps will be updated for the public hearing. [1:54:04] These changes were made by the Coastal Commission [1:54:07] just to elaborate which section of the Coastal Act. [1:54:12] And just further, add a little bit more description. [1:54:16] And that would conclude the changes made in chapter one. [1:54:26] Moving on to chapter two, we did revise the land acknowledgment [1:54:35] based on a planning commissioner suggestion. [1:54:41] >> There was one that I would either strike or modify, [1:54:46] and that was the stray heights Indian community with long [1:54:50] standing ties to the area. [1:54:52] Or just dropped that whole paragraph. [1:54:57] Where it says Tree Heights Indian community, [1:55:01] the Trinidad Rancherie located north of Trinidad [1:55:04] includes Yurok and other native descendants. [1:55:07] There are Wiyot descendants there also in that community. [1:55:10] But their ties to the area and not necessarily [1:55:12] to the coastal zones. [1:55:19] >> Okay. [1:55:20] So would the commission like us to strike that through? [1:55:24] >> You could take the whole paragraph out. [1:55:26] Because you took out the bear River paragraph. [1:55:31] >> I appreciate Commissioner O'neill having worked with [1:55:37] tribes and sharing your knowledge. [1:55:39] I still would really love for the tribes [1:55:45] to be able to provide language about themselves [1:55:50] and speak for themselves. [1:55:52] And I know that you have reached out and you've asked, [1:55:55] and in the absence of that, Commissioner O'neill [1:55:59] has provided her expertise. [1:56:00] I think that's where I'm having hesitation. [1:56:03] I appreciate the commentary and I don't have a solution beyond [1:56:09] just asking . [1:56:13] >> We will continue to ask. [1:56:15] We did get a response from the Wiyot [1:56:16] and they said that they will get us language. [1:56:19] But they were concerned about being able to get it [1:56:23] to us by this meeting. [1:56:25] >> I tried to reach out to them too and I found a hard time [1:56:28] finding emails for anybody on their website. [1:56:30] Because I was going to send them my draft. [1:56:34] >> We did. [1:56:36] >> Okay. [1:56:37] >> And I almost said, do you have any emails? [1:56:39] Because I couldn't find them on their website. [1:56:42] >> We can get you contacts. [1:56:45] >> I just know that there's other groups within the Trinidad [1:56:48] area that have ancestral ties to the community and I don't want [1:56:54] to start the back and forth there. [1:56:57] >> So is the concern here that by calling out heights [1:57:02] in particular, that we may be omitting some? [1:57:09] >> Yes. [1:57:10] In that, because it's not historical going back [1:57:13] to the beginning of time, that the people that are there now [1:57:17] had those connections. [1:57:18] Those people that are there now came there in the 1950s. [1:57:22] So the people that do have those long standing historical ties -- [1:57:28] and you know who you are, because you've heard from them [1:57:30] before, might feel that they were omitted. [1:57:35] Either take that out and don't bring the subject up. [1:57:38] You already took out bear River. [1:57:40] We're add to the area instead of the coastal area. [1:57:43] Do you see what I'm saying? [1:57:45] >> I do. [1:57:47] Thank you. [1:57:58] >> We still have some work to do on this so we will do that [1:58:00] and come back to you. [1:58:02] >> Thank you. [1:58:10] >> Would we like to say on tribal history or move [1:58:12] on to environmental justice? [1:58:15] >> I'm thinking about time and thinking about public comment [1:58:21] and wanting to make sure that we we have a time for public [1:58:26] comment. [1:58:26] Yeah and I see six people online and a couple folks in the room. [1:58:31] So I'd love to continue with you talking briefly [1:58:35] about the changes that have been made. [1:58:38] We will go to public comment. [1:58:40] And then we will bring it back to the Commission [1:58:42] for a more in-depth discussion about language and policy. [1:58:46] >> So we're going to try to go through this really fast [1:58:49] to accomplish that. [1:58:51] >> Thank you. [1:58:57] >> The next change will be in environmental justice is [1:58:59] the addition of one policy to address public comment. [1:59:05] And I'm gonna keep moving forward for the sake of time. [1:59:09] Please stop me if you have any questions. [1:59:11] So we did remove general description [1:59:15] because it is previously referenced in chapter one. [1:59:19] It's now 1.2. [1:59:22] We are recommending changing it to nonconforming structures [1:59:26] because that applies to the whole area, [1:59:29] as it was previously under urban, I believe. [1:59:33] And then going into standards for land use designations, [1:59:38] that one paragraph has been moved to housing. [1:59:42] It was more appropriate in that section. [1:59:49] Urban development -- the policy was added to address a public [1:59:56] comment. [2:00:00] Urban limit line -- >> I have a question on the policy that was [2:00:07] added. [2:00:08] I was curious if that was intentionally added only [2:00:13] to the urban section? [2:00:15] Or is it an intention that it does not [2:00:18] apply to areas outside of an urban limit line? [2:00:29] >> It currently is under urban development so it would be [2:00:32] within a urban limit line. [2:00:35] >> Can I ask why only within the hermit limit line? [2:00:45] >> I'm not recalling the comment that was received. [2:00:47] But one of the things that makes sense [2:00:49] is that the focus of development was in the hermit limit lines. [2:00:54] So we're not encouraging development outside of that. [2:00:58] So when it comes to vehicle miles traveled and smaller [2:01:04] development where you can do energy efficient design, [2:01:08] a lot of this is going to come back -- [2:01:14] come out of the cap work anyway. [2:01:19] >> I understand that. [2:01:20] It just seems like it's something [2:01:23] that would be generally good to strive for rather than only [2:01:25] within an urban limit area. [2:01:28] >> We can relocate that into the rural requirements as well. [2:01:34] Or put it up as a general policy somewhere up above. [2:01:42] >> That would be my preference if other commissioners are okay [2:01:45] with that. [2:02:16] >> Moving on to urban limit line, [2:02:18] we did receive a public comment regarding this section. [2:02:21] I'm just going to go to the appropriate section [2:02:25] for that first. [2:02:30] So we've received a public comment requesting [2:02:35] that additional criteria be added to the list [2:02:39] for identifying an urban limit line, [2:02:43] changing urban limit lines and development within urban limit [2:02:45] lines. [2:02:46] The additional criteria requested [2:02:48] is to have consistency with the adopted Regional Climate Action [2:02:51] Plan and the Regional Transportation Plan [2:02:53] and potential for reasonable access [2:02:56] by bike, transit, or pedestrian means. [2:02:59] We are not proposing to modify the criteria for identifying [2:03:05] an urban limit line, which is why we did not add that [2:03:10] as part of the public comment. [2:03:13] Urban limit line is more tied to identifying areas where -- [2:03:21] that are generally suitable for urban development or development [2:03:24] that is greater than one unit per acre where public sewer, [2:03:28] water and road improvement services are available. [2:03:34] And that's the current criteria for urban limit >> [2:03:42] And I'll just add another thing. [2:03:43] Changed urban limit line requires a modification [2:03:46] to the Humboldt area plan. [2:03:50] So there's not criteria there that staff could follow [2:03:53] and arbitrarily -- [2:03:55] I shouldn't say arbitrarily. [2:03:57] But change without a public hearing. [2:03:59] Without going to the planning Commission [2:04:01] or going to the board. [2:04:02] So the focus where urban limit lines are [2:04:07] are very much structured around utilities. [2:04:24] >> Moving on from urban limit line, [2:04:25] this was moved from urban limit line to general as it applies [2:04:30] to areas outside of the urban limit line as well. [2:04:35] The second public comment we received [2:04:38] was the discussion of the residential high density land [2:04:43] use designation. [2:04:44] We did previously discuss this at the first public workshop. [2:04:53] And we were planning on the initial -- [2:04:58] the initial thought of removing it was because there is no [2:05:03] concurrent lands that are even proposed to be rezoned to that [2:05:08] land use designation. [2:05:09] So that's why we have not added it back. [2:05:16] >> I would also say there's no zoning for the high density [2:05:20] residential. [2:05:21] And so if there ever is a future desire [2:05:27] to rezone land to high density residential [2:05:31] or modify the local coastal plan to include high density [2:05:34] residential, that could all be done as part of one action. [2:05:37] But the fact of the matter is, it doesn't exist in the zoning [2:05:40] right now. [2:05:41] And it doesn't exist on the map. [2:05:50] >> I think I would appreciate a little bit more discussion [2:05:52] on that, but maybe that could come after public comment. [2:05:56] >> I think that's a good >> Okay, [2:06:04] moving back on to the document and changes. [2:06:06] And those were the only public comments since we've received -- [2:06:16] Si comments we've received since the publication of the agenda. [2:06:21] Adding relevant Coastal Act policies for rural development, [2:06:27] removing the rural subdivision requirements as [2:06:30] discussed earlier per discussion with the Coastal Commission. [2:06:34] We did decide with the Coastal Commission [2:06:39] to add the policy of the permitting [2:06:41] and inciting of septic systems. [2:06:43] Noting the qualified combining zone [2:06:46] within Fairhaven for consistency. [2:06:55] >> I have a question. [2:06:56] As I recall, the Coastal Commission [2:06:59] had some pretty stringent requirements [2:07:01] around water supply. [2:07:03] Were you able to mitigate those? [2:07:07] Or were they here? [2:07:10] >> I believe they were here when we met with coastal Commission, [2:07:14] we discussed them and came to the consensus that they [2:07:19] aren't needed to be discussed in this plan. [2:07:23] >> Thank you [2:07:34] >> Let's see, here. [2:07:34] I believe page 32. [2:07:36] Was there an amendment or a fix that was done in here? [2:07:43] I was noticing there was (Indiscernible) business part. [2:07:49] >> That was a note for staff based on our discussion with [2:07:53] the Coastal Commission. [2:07:55] We are working on getting the commercial residential ordinance [2:08:00] that was approved -- getting that approved with the Coastal [2:08:04] Commission right now. [2:08:05] There was discussion that we still [2:08:07] need to revisit with them on updating the business park [2:08:10] section of the humble Bay Area Plan. [2:08:16] However, we're still working with them on if that's needed. [2:08:21] Same with tiny house villages. [2:08:25] So there's some further discussion [2:08:28] needed about those ordinances. [2:08:30] So it's not directly to the Humboldt Bay area plan. [2:08:35] However, if we do get comments back from the Coastal Commission [2:08:39] saying that something needs to be added to the section by -- [2:08:46] in order to approve them for the ordinance for the Humboldt Bay [2:08:49] area plan. [2:08:50] Then we could bring that up as a change discussed most [2:08:52] likely at the public hearing. [2:09:08] Moving on to coastal dependent development, [2:09:13] per the workshops at the planning Commission, [2:09:18] there was a request to add more on county commitment [2:09:21] to renewable energy. [2:09:23] And that is added right here. [2:09:28] I'm just going to scroll past unless commission [2:09:31] would like to read it. [2:09:39] At the workshops, we had some discussion [2:09:43] on this section of policy so we did update that [2:09:46] to adjust those discussions. [2:09:52] We removed the reference explicitly [2:09:55] about offshore wind and updated that policy further. [2:10:09] Referencing the impact of wildfire risk. [2:10:20] Added some new policies for recreation. [2:10:26] They were borrowed from Arcata's local coastal plan. [2:10:31] But they also do address public comments from attachment three. [2:10:38] And then there was some redundancy so we did remove that [2:10:44] policy as It is in 3.8.2(c), right here. [2:10:57] This was added based on discussion with the Coastal [2:11:00] Commission, just clarifying about incentives, concessions. [2:11:07] The county may require any deed restricted affordable units. [2:11:11] The affordable life of development, [2:11:13] which is consistent with some of the density bonuses. [2:11:18] Similarly, updating this. [2:11:21] It was moved from an above section. [2:11:24] It was more appropriate to be within the policies for housing. [2:11:29] And that statement again, discussing incentives. [2:11:34] Changing the section from explicitly saying [2:11:38] archeological to cultural. [2:11:42] This was a discussion point at our workshops. [2:11:46] So we did change this more to have a cultural focus [2:11:50] and reference cultural resources as recommended from both [2:11:55] the Coastal Commission and our planning position -- [2:11:59] Planning Commission workshop on the sixth. [2:12:01] So these are more policies based on that discussion. [2:12:20] Minor changes made to Timberlands, just [2:12:22] for clarity purposes. [2:12:30] Adding a section for aquaculture as requested by public comments. [2:12:36] And I believe we discussed it at the workshop as well. [2:12:44] So this section is new based on comments and the workshop [2:12:49] discussing aquaculture . [2:13:09] Revision to a policy address public comment. [2:13:17] This was an outdated paragraph so instead of revising it, [2:13:24] we ultimately decided to delete it [2:13:27] as it was no longer needed for that section. [2:13:35] Revising Esha related policies, and based on Planning Commission [2:13:43] comment from previous workshops, we broke down the policies [2:13:47] stating that these ones are related to Esha. [2:13:51] And later on referencing a wetland-related policy just so [2:13:55] it breaks down that lengthy policy section [2:13:58] a little bit more. [2:13:59] Because right here would be the identification [2:14:01] of wetland and traditional agriculture related policies. [2:14:08] We deleted per coastal Commission comments . [2:14:17] This was an outdated site, so no longer applicable. [2:14:21] So we deleted that. [2:14:29] Additions per coastal Commission guidance . [2:14:43] Updating the minimum ratio from 1 to 1 to 2 to 1. [2:14:45] And that is for wetlands and Esha. [2:14:53] Additions per coastal Commission comment. [2:14:56] Received a comment from Fish and Wildlife. [2:15:00] So we did update riparian corridors [2:15:03] to make it simpler and consistent with fish [2:15:06] and Wildlife recommendation. [2:15:42] This was removed and moved up to a previous section [2:15:47] as it was more consistent there and didn't just apply [2:15:49] to Esha and wetlands and was more relevant to rural areas. [2:15:58] Deleted per Coastal Commission comments. [2:16:02] And then moving on to scenic and visual Resources. [2:16:11] Updating exterior lighting references [2:16:14] to reference the Outdoor Lighting ordinance now [2:16:17] that it's approved in the Coastal zone. [2:16:23] Moving on to chapter five. [2:16:38] Updating the tsunami rate. [2:16:50] >> In this sea level section that we're on right now, [2:16:53] there were a couple of comments where there were inconsistent [2:16:56] use with the capitulation of the term sea level rise. [2:16:59] And same with GHG. [2:17:02] And you have a little paragraph justifying your use of 21 dash [2:17:08] 2100, because the design life of the building [2:17:11] would be longer which is good but then you [2:17:13] jump to using 2100 intermediate high [2:17:15] and you don't explain why you use intermediate high versus [2:17:18] intermediate. [2:17:19] As I understand, the obesity guidance intermediate high [2:17:22] is for critical infrastructure. [2:17:24] It's fine whichever we want to do, [2:17:26] but I think making that distinction is important. [2:17:45] >> I did screen share. [2:17:46] >> Okay. [2:17:52] [Ambient conversation] [2:17:59] >> (Indiscernible) [2:18:07] >> Okay, I see. [2:18:13] >> Thank you. [2:18:13] And the previous version was proposing [2:18:15] high instead of intermediate high, is that correct? [2:18:19] >> That is correct. [2:18:21] And the reason we went away from high, [2:18:23] and I think it's right there on the screen, [2:18:26] is because there's a 0.1% chance that it would ever be exceeded. [2:18:31] And so that is maybe an unrealistic chance [2:18:39] that it would happen intermediate by itself [2:18:41] has a fairly low chance of ever being exceeded. [2:18:45] As I recall, that's at 20%. [2:18:49] And so intermediate high is still [2:18:53] a very conservative projection. [2:19:06] >> And we're going with intermediate? [2:19:07] >> High. [2:19:20] >> We may need to work on the language a little bit [2:19:22] if it's not clear. [2:19:23] I know the person that wrote it was [2:19:26] scrambling to get it modified. [2:19:30] >> Are you okay if we circle back to this one after public [2:19:35] comment? [2:19:37] >> I had one more comment in this section. [2:19:39] When you get to the part in policy they believe it is -- [2:19:43] can we go back up to that? [2:19:46] To where we made the changes. [2:19:49] Down a little bit now. [2:19:51] It says new development will have a lifespan beyond 2050, [2:19:55] so longer span appropriate 2100 is being chosen. [2:20:00] >> That's the part I like. [2:20:07] >> The level of projected looks to remain conservative. [2:20:10] I thought in there we said that this [2:20:11] would be the intermediate to high >> Right. [2:20:17] On a recent public document I worked on, there was pushed [2:20:20] for use of intermediate and not intermediate high, [2:20:22] because the distinction of intermediate high is only -- [2:20:25] >> If the commission wants to go back to intermediate, [2:20:28] we are fine with that. [2:20:31] We understood the direction to be conservative. [2:20:33] And that's where we went. [2:20:35] >> That's fine. [2:20:36] So the last section in asset protection, [2:20:40] we don't give any examples. [2:20:43] But then we specifically call out Murrayfield. [2:20:53] >> Coastal commission asked us to. [2:20:56] >> Okay. [2:20:56] My opinion is that it feels like there's a target on a location [2:21:00] because that should be all county facilities. [2:21:04] But that's my comment. [2:21:08] >> 100% I agree with you. [2:21:10] There is a target. [2:21:12] >> Anyway. [2:21:19] >> But if coastal Commission asks the county to, you [2:21:21] don't have to. [2:21:22] Right? [2:21:24] >> We don't have to. [2:21:25] But don't forget, this has to go to the Coastal Commission. [2:21:29] And the staff gets to have another thought added. [2:21:32] So it's better for us to adjust their concerns now. [2:21:37] >> My suggestion would be to copy that exact same language [2:21:40] and put it in asset protection in section A. Because you should [2:21:45] be allowed to do that. [2:22:25] >> These are mostly changes that were recommended by the Coastal [2:22:27] Commission as we go through here. [2:22:46] >> Those are also changes from the Coastal Commission. [2:23:03] >> Moving on to public access , addition of pedestrian bicycle [2:23:05] equestrian and public transit or vehicle. [2:23:08] This was in response to a public comment. [2:23:11] Similarly, adding explicitly, bicycle and vehicle [2:23:15] parking for public comment. [2:23:17] In response to public comment. [2:23:24] We added some more policies that were consistent [2:23:30] with the appropriate sections and addressed public comments. [2:23:45] Coastal Commission recommended we [2:23:48] removed the southern from the Eureka area [2:23:51] for the public access. [2:23:52] And then I am going to jump to definitions since we already [2:23:58] went through the Samoa Town Master plan at this meeting. [2:24:14] We added the definition for aquaculture [2:24:17] as requested by public comment. [2:24:22] Similarly, coastal dependent food production as [2:24:28] requested by public comment. [2:24:35] A lot of the changes were just appropriate capitalization [2:24:40] or fixing typos in this section. [2:24:48] And that would conclude the document. [2:24:59] >> Thank you. [2:24:59] Quite a large document so it's always [2:24:59] a feat to review all of the changes you've made. [2:25:02] The tracked changes is very much appreciated in the comments our. [2:25:07] >> Is coastal dependent food production -- [2:25:09] is that human grade food or any food like animal fodder? [2:25:14] And does that matter? [2:25:17] >> The intent there was really to address the fact that [2:25:20] there's a lot of human grade food that is produced [2:25:23] in Humboldt Bay. [2:25:30] >> If we are producing seaweed that is fodder for abalone [2:25:33] or something, I just want to make sure -- yeah. [2:25:38] >> I believe the intent is for human consumption. [2:25:40] It's the water dependent cultivation and processing [2:25:44] of marine foods bivalves, algae and sea salt. [2:25:49] So I believe intent is the primary audience [2:25:56] would be for human consumption. [2:25:59] But possibly. [2:26:04] We got that definition from the public comment [2:26:07] and checked it with other areas, but they [2:26:10] requested that it be in here so that they would [2:26:13] be able to get more grants. [2:26:17] >> Thank you for being attentive to that. [2:26:21] >> With that, we're gonna move back to public comments again. [2:26:24] We've had a lot of folks who have been hanging [2:26:26] in there with us and I want to make sure that everybody [2:26:29] has time to talk. [2:26:30] So we're going to start with folks in the room. [2:26:33] If you could please approach the podium and line up and then [2:26:36] we will move to folks who are calling in online. [2:26:39] As a reminder, if you're calling in online, [2:26:41] please raise your hand now so that you [2:26:44] are ready when I move over to the online public comment [2:26:48] portion. [2:26:48] Star nine to raise your hand. [2:26:50] Would anybody in the room like to make a public comment? [2:26:53] Please approach the podium. [2:27:00] You have three minutes. [2:27:04] >> Thank you so much. [2:27:05] Good evening commissioners and staff, my name is Amy Jester [2:27:08] and I'm a resident of Eureka. [2:27:11] I'm here tonight on the behalf of the Redwood Region climate [2:27:15] and Community Resilience Hub. [2:27:17] We want to thank you all for working to update and modernize [2:27:21] the Bay Area Plan and considering [2:27:22] our comments to date. [2:27:24] My comment tonight is on section B1F on Coastal dependent [2:27:29] Industrial regarding the port overlay zone and heavy lift [2:27:33] marine terminal -- for heavy lift marine terminals. [2:27:37] We support clarifying the use of a port overlay [2:27:43] zone for heavy lift a terminals and additions that [2:27:46] were made to that section and also recommend [2:27:49] adding language that requires proposed port overlay [2:27:53] zones to be evaluated through an environmental justice lens. [2:27:57] Because the overlaying may modify standards related [2:28:00] to height, lighting, noise and other health based concerns, [2:28:04] it has the potential to disproportionately affect [2:28:08] existing and also planned affordable housing plans [2:28:11] in the community of Samoa. [2:28:13] You guys already spent time on the Samoa Town Master Plan. [2:28:18] And I know that you're tracking the additional affordable [2:28:21] housing is planned out there. [2:28:24] And also, effects on tribal and culturally significant areas. [2:28:30] So specifically, we suggest a text [2:28:33] that states establishment of a port overlay zone [2:28:36] shall include an environmental justice evaluation [2:28:39] to identify and avoid minimize or mitigate [2:28:42] disproportionate impacts to disadvantaged communities, [2:28:46] existing and planned affordable housing, [2:28:49] tribal cultural resources and culturally significant areas. [2:28:53] That addition would reinforce the plan's commitment [2:28:55] to equitable development and the new addition [2:28:58] of the Environmental Justice section at the top of the plan. [2:29:03] Thanks for consideration our comments. [2:29:06] Last chance, anybody in the room want to make a public comment [2:29:10] on this item? [2:29:22] >> I'm James Madison back again, same Samoa resident. [2:29:24] I just wanted to comment on Miss Jester's comment and second [2:29:29] our motion that we considered environmental and social justice [2:29:33] when we're making a Bay area Plan. [2:29:43] >> Okay, I'm not seeing anyone else on the audience approach [2:29:45] the podium so we're gonna go ahead and move to online. [2:29:46] I'm calling in public commenters. [2:29:48] As a reminder, please raise your hand now [2:29:50] if you would like to comment on this item [2:29:52] and we will move down the list. [2:29:54] Caller 2888, you have the floor. [2:29:59] You have three minutes. [2:30:10] >> And it is star six to unmute if you're having trouble [2:30:18] unmuting yourself. [2:30:20] >> Can you hear me now? [2:30:22] >> Yes. [2:30:24] >> Okay come on thank you. [2:30:25] My name is Francis Ternstrom and I just [2:30:28] wanted to say thank you for allowing [2:30:30] me to make a quick comment. [2:30:34] My family has a parcel at the bottom of Humboldt Hill. [2:30:41] And we are included in the Humboldt Bay [2:30:45] plan for that reason. [2:30:47] We have been trying to get a project done [2:30:53] with the county for about eight years now. [2:30:57] And because our parcel is wrapped up in this Humboldt Bay [2:31:01] plan, we have been limited on what we can do to move forward. [2:31:07] So I just wanted to comment to the commissioners [2:31:11] that we would really appreciate it [2:31:13] if you could do whatever you can to get this plan finalized [2:31:19] and to get it approved because it's been eight years for us [2:31:25] for a project that we have not been [2:31:27] able to move forward on because of the location of our parcel. [2:31:31] So I just want to make the commissioners aware [2:31:38] that there are people that are being held up [2:31:40] by doing things on the ground because the plan has not [2:31:45] been completed. [2:31:46] So thank you very much, I appreciate it. [2:31:57] >> Thank you. [2:31:57] The next person I see is epic. [2:31:57] You have three minutes. [2:31:58] As a reminder, please raise your hand now [2:32:00] if you would like to speak. [2:32:02] >> Good evening, commissioners. [2:32:03] First I want to -- that was my fault. [2:32:09] >> We're gonna restart your time. [2:32:10] If you could start at the top again, please. [2:32:14] >> How about now? [2:32:16] >> We can hear you now. [2:32:18] Sorry about that. [2:32:20] >> Good evening commissioners, my name is Matt Simmons. [2:32:22] I'm the climate attorney at epic. [2:32:25] First of all, I would like to thank the commission and staff [2:32:28] for making many of the changes suggested [2:32:30] by epic, Humboldt Waterkeeper and CRB [2:32:34] in our joint comment letter. [2:32:36] I do want to focus in to changes that were made [2:32:39] and why I feel they should be made. [2:32:42] As I'm sure the Commission is aware, [2:32:46] Humboldt County has two documents [2:32:48] demanding quite a lot of the county over the coming years. [2:32:51] There's the housing element, which [2:32:54] I don't know if you guys have seen your regional housing needs [2:32:57] numbers but we're going to need to build a lot of new housing. [2:33:01] There's also a climate action plan [2:33:03] which requires us to develop in certain ways [2:33:05] in order to reduce our emissions, [2:33:08] building close to jobs and schools that people can walk [2:33:12] or bike or even just drive less than if we were to sprawl out. [2:33:17] And I will say that one is particularly important to me [2:33:21] because I am a climate attorney and because just two days ago, [2:33:25] the UN announced that we were definitely going to pass the 1.5 [2:33:29] degree threshold that they set as the Paris Climate Agreement. [2:33:33] And every bit of warming after that just [2:33:36] further makes the future a scarier [2:33:39] place for us all to live. [2:33:41] Getting to the point of this document, [2:33:43] the two changes that we asked for. [2:33:45] One was to allow residential zoning [2:33:47] to continue to exist as a possible thing for the county [2:33:52] to adopt in the future. [2:33:54] I know planner Ford said that we could do that in the future [2:33:59] if we ever decide to rezone an area as residential high. [2:34:02] If that's true, then why take it out? [2:34:06] (Indiscernible) and it's not affecting anything. [2:34:10] I think if you look at the map of Humboldt County [2:34:12] and really want to put new housing [2:34:14] and how we're going to read the regional housing needs, [2:34:16] we're going to need some residential high development [2:34:18] in the future. [2:34:19] And hopefully some of that can be in the Myrtletown area which [2:34:24] is in the coastal zone but above the sea level rise area [2:34:28] but it has access to transit and jobs and bike lanes now. [2:34:34] Andy, it just feels like we shouldn't [2:34:37] be cutting this out just to have to put it back in. [2:34:40] The second request was about the urban limit lines. [2:34:43] So obviously that comes from the Coastal Act language . [2:34:51] Sorry, I moved my cursor. [2:34:54] 20505. [2:34:54] I'm sorry, 30250. [2:34:57] But the current draft already goes [2:35:00] beyond what the Coastal Commission describes [2:35:02] in terms of what is required for urban limit lines. [2:35:05] And so if Humboldt County wants to, [2:35:08] we can add additional criteria for what [2:35:11] we consider urban limit line. [2:35:13] And so we had asked for that to consider walkability, access [2:35:18] to jobs and services, the things that you think of. [2:35:24] >> I'm sorry, your time is >> Thank you. [2:35:31] And I don't see any other folks with their hand raised, [2:35:33] so we are going to go ahead and close public comment [2:35:35] and bring it back to the Commission for discussion. [2:35:47] >> Commissioner. [2:35:47] >> Just because we heard it in public comment, [2:35:49] I think we had briefly discussed this at one of the previous [2:35:52] workshops but I am still in support of allowing [2:35:55] the residential high zoning. [2:36:09] >> You bring up a point that I would also like to discuss. [2:36:11] But to think about process before we get into discussion [2:36:14] of items and what makes sense for us, [2:36:17] we have a little less than an hour [2:36:19] to try to make some progress. [2:36:22] In the past, we've gone through the documents page by page [2:36:28] and had staff stop when we wanted [2:36:30] to stop and discuss items. [2:36:32] I know that there are a couple of topics that we've already [2:36:36] tabled from interest a little bit earlier in our discussion [2:36:40] this evening. [2:36:40] What feels like a productive way to get [2:36:43] through this document that also meets [2:36:47] the needs of the commissioners that they [2:36:48] are discussing the plans that they want to address. [2:36:52] Would you like -- >> Didn't we just do that? [2:36:56] We pretty much went through the whole thing. [2:37:00] >> Yeah, we did. [2:37:02] And maybe it would be worthwhile just [2:37:07] having each commissioner identify the major topic [2:37:11] concerns they have and just going there and talking [2:37:14] through those. [2:37:15] I think we just need 3 or 4 [2:37:20] >> I agree. [2:37:21] I think there's 3 or 4 areas where [2:37:23] we need to do a deeper dive. [2:37:27] >> That sounds good. [2:37:28] With that, I guess we will let it rip on this first topic with [2:37:34] the higher density residential designation -- [2:37:38] land use designation. [2:37:43] >> If it pleases the commission, we can put that back in. [2:37:46] I mean, it's almost a meaningless discussion [2:37:49] at this point. [2:37:52] >> I did have several questions around it. [2:37:54] You had noted that it's not in the zoning. [2:37:57] And it's been a while since I've worked directly in planning. [2:38:02] My of standing was that this document was [2:38:06] a higher level than the zoning. [2:38:11] And the next time you update the zoning, [2:38:13] you could attend to the fact that there was this land use [2:38:16] designation that's not currently zoned for [2:38:18] and add in the zone at that time. [2:38:20] >> We could. [2:38:22] I think the question is, I know Mr. Simmons mentioned [2:38:27] Myrtletown. [2:38:29] And perhaps there are a couple of parcels in Myrtletown [2:38:33] that would be appropriate to apply this to. [2:38:36] I haven't evaluated that. [2:38:38] I don't know if that's true or not. [2:38:41] But we can certainly add it back in. [2:38:45] Next time we update the zoning ordinance, [2:38:47] we can certainly do that. [2:38:50] Medium density residential currently [2:38:54] allows 30 units per acre. [2:38:56] And if you go with the density bonus, you can go higher. [2:39:02] >> I hear that. [2:39:04] I think when I think about going with the higher density housing, [2:39:07] I look at some of the more recent buildings in Eureka [2:39:11] and that those are 30 units on much less than an acre. [2:39:15] And everybody has different opinions on what a four story [2:39:18] building feels like, and I think we will have public process [2:39:21] to hear from Myrtletown and other areas [2:39:23] where this would be proposed. [2:39:25] But to me, 30 units on an acre is not that dense. [2:39:32] And there are parts of unincorporated Humboldt County [2:39:35] where I think that something along the lines of a four story [2:39:40] building on a third of an acre is what I see in Eureka. [2:39:43] I think that may feel appropriate. [2:39:46] And currently, as I understand, the medium [2:39:49] density, that that would not really [2:39:51] work even if you had your bonuses. [2:39:54] So that's where I'm coming from and advocating [2:39:57] for just the option of having higher density. [2:40:09] >> It's a policy called. [2:40:10] It's fine with us. [2:40:19] >> I completely agree. [2:40:20] It sounds like staff is okay with putting it back in [2:40:22] and I would like to see that as well. [2:40:26] And I agree with signaling the interest of considering our H [2:40:32] in future zoning updates. -- r h in future zoning >> I don't have [2:40:45] a big issue with it. [2:40:46] Are you talking about aligning that anywhere? -- [2:40:49] aligning that anywhere in the Bay area plan? [2:40:52] Or specifically, when I think about it, [2:40:55] it seems like that area of Myrtle Harris [2:41:01] and Harrison kind of triangle that might [2:41:05] some day be suitable for that. [2:41:10] >> My understanding is that we are just putting the opportunity [2:41:12] back in. [2:41:14] We are not actually allocating the land use onto the parcel. [2:41:19] >> Got it. [2:41:21] >> That's where I come from. [2:41:22] I don't want to eliminate -- limited right now but I want [2:41:25] that opportunity in the future. [2:41:27] As I understand, there will be a public participation opportunity [2:41:31] in the future when zoning was updated [2:41:34] in when it was proposed in Mckinleyville or Myrtle Town [2:41:38] to be a more robust discussion. [2:41:50] >> This would be in the Humboldt area. [2:41:52] >> All this would be doing in my opinion is sending a signal that [2:41:55] it could happen someday which is probably okay. [2:41:57] >> It doesn't close the door. [2:41:58] >> So we will add that back in? [2:41:59] Is that the consensus of the Commission? [2:42:05] >> Yes. [2:42:07] >> I had a question more that a comment section. [2:42:09] We had a quick commenter who noted [2:42:12] that they are waiting on working on their property [2:42:15] until this plan is updated. [2:42:22] And that is because it's an expensive and challenging [2:42:26] process to go through. [2:42:27] I'm assuming they're waiting on a rezone. [2:42:31] >> Correct. [2:42:32] >> And it's a challenging process to do that independently [2:42:35] so they are waiting on the plan to do it so they don't have [2:42:37] to spend the money? [2:42:39] >> Correct. [2:42:40] >> So you can in fact do this without waiting on us, [2:42:43] but it's much more cost effective to have the plan [2:42:47] adopted and have the change done. [2:42:51] >> That is correct. [2:42:54] >> Understandable. [2:42:54] And that is not to -- [2:42:57] I hear that neighbors concern and appreciate [2:42:59] that it's quite expensive to do a zone update. [2:43:03] We are trying to do our due diligence on this plan [2:43:06] and understand what folks would like to see -- [2:43:08] that folks would like to see the updates. [2:43:11] Thank you for the clarification. [2:43:14] Okay. [2:43:15] What are some of the other topics folks [2:43:20] wanted to talk about? [2:43:23] >> I think we wanted to revisit the intermediate versus [2:43:26] intermediate-high discussion. [2:43:34] Where did we settle on that? [2:43:38] >> I was fine with what Director Ford said. [2:43:42] I found some of the language a little bit [2:43:44] confusing in that one section you had on screen. [2:43:46] But the general intent, if that's the policy decision [2:43:49] to use intermediate high, that's fine. [2:43:54] >> We can use intermediate. [2:43:56] That's fine. [2:43:58] I did not see the article that you evidently [2:44:04] just read advising that. [2:44:08] What I read was that they picked two at the end in the range [2:44:17] that that were equally likely or unlikely to happen. [2:44:21] And then really gave that range in the middle. [2:44:25] And so , just based upon that and based upon being a little [2:44:32] bit more conservative, I think their work did take into account [2:44:36] subsidence. [2:44:37] So we don't need to overcompensate for subsidence. [2:44:42] So in scale wouldn't be damaging. -- [2:44:50] and intermediate scale would it be damaging. [2:44:53] I could be wrong but that's my recollection of where [2:44:56] we ended up in our last discussion [2:44:58] was intermediate, when we had the discussion about subsidence [2:45:01] and I was all confused about that. [2:45:04] And we recognized that subsidence [2:45:06] was included in their. [2:45:08] I thought we ended up intermediate. [2:45:12] >> That's also what I remembered because of the open public [2:45:15] policy documents in the area that include that. [2:45:18] But I couldn't remember if maybe we mentioned it. [2:45:20] So if there's a strong reason to go the other way, [2:45:23] I'm not for or against one or the other. [2:45:37] >> I know they do but this is the county's document. [2:45:39] >> They are always going to support the more drastic. [2:45:39] I guess, coming from another place, [2:45:40] we've pushed back on that because the higher scenario, [2:45:42] the more cost associated with building that adaptation. [2:45:46] And that's so far out in the science [2:45:48] that the uncertainty dropped so much that you're potentially [2:45:51] adding in some cases millions of dollars [2:45:53] to a project for some threat that may or may not be realized. [2:45:59] >> This is the same argument that you made. [2:46:01] We had this discussion. [2:46:02] That's why I thought we settled earlier. [2:46:05] >> I missed that. [2:46:07] I apologize for that. [2:46:10] >> I don't remember settling. [2:46:12] I think it is a murky conversation. [2:46:15] We went around quite a bit on it. [2:46:19] I think I still lean intermediate-high but I remember [2:46:23] I was on the fence and -- [2:46:26] I think that's where we were. [2:46:29] That may be part of the problem. [2:46:32] >> I personally don't think that the science is there [2:46:34] for the immediate-high. [2:46:35] I'm more comfortable around the medium area. [2:46:39] Not only for the cost basis but, I mean, [2:46:45] I personally don't see the science [2:46:47] to justify the immediate-high. [2:46:58] the [2:46:59] >> You could also go with intermediate now so that we [2:46:59] don't financially overburden a project that's on the immediate [2:47:00] horizon. [2:47:01] But when OPC comes out with their next round of updates, [2:47:04] you could update the table in here [2:47:05] and decide based on the civil overrides [2:47:08] that we have or haven't seen to change it at that point. [2:47:29] >> I'm seeing inclination to move towards intermediate. [2:47:30] Bam did you have a comment about it? [2:47:32] >> I think I struggle a bit with the speculation. [2:47:35] I just feel like there's a lot of speculation that we are [2:47:38] trying to -- [2:47:39] I guess there isn't enough information. [2:47:44] Again, the argument was that we are putting in infrastructure [2:47:48] that is here for a long time. [2:47:53] And I heard staff talk about percent probabilities. [2:48:01] And I think it might be useful to ground a decision based off [2:48:05] of something a little bit more numeric rather than feeling like [2:48:11] whether or not the science -- we're feeling like whether [2:48:16] or not the cost will be higher or not. [2:48:19] We are trying to protect property [2:48:22] but we don't want to limit development. [2:48:25] It's challenging. [2:48:27] But I feel like there's a lot of speculation [2:48:29] so I guess I am still on the fence. [2:48:31] I'm leaning a bit more towards Commissioner West as well. [2:48:37] >> It's a hard one. [2:48:39] And I always spend a lot of time on it. [2:48:43] You make a very good point that the costs [2:48:48] are an important consideration, particularly when [2:48:53] we're thinking about building housing [2:48:55] and balancing that with safety. [2:48:57] And we can down the road change things. [2:49:05] Working in government, I loathe to say this [2:49:11] but we don't always change things as often as we should. [2:49:17] I do lean towards being more conservative [2:49:20] and so I do lean towards being more [2:49:23] conservative for that reason and loosening things [2:49:25] if needed instead of going the other direction of tightening [2:49:28] things if needed down the road. [2:49:32] >> If I could, chair, I don't know if this helps or not pure [2:49:36] Mike maybe it makes it worse. [2:49:38] But in response to commissioners comment about grounding it, [2:49:43] part of the struggle is the variability [2:49:46] relating to the global ability to address climate change. [2:49:56] And so on the one hand, we could be extremely optimistic [2:50:00] and go to the very low side, because we're [2:50:04] going to tackle this thing and make a difference. [2:50:07] Or we could look and see and have a more sober view [2:50:14] and recognize that even though we (Indiscernible) [2:50:20] and the rest of the world has great ideas and objectives, [2:50:23] that they are not necessarily as easy to implement. [2:50:28] And I think that's where from a staff perspective, [2:50:32] we lean towards the intermediate high. [2:50:36] Because recognizing the difficulty of doing all [2:50:39] that we need to do to curtail the carbon emissions, [2:50:45] curtail the greenhouse gas emissions [2:50:48] so that the things that are causing the rise [2:50:53] begin to change. [2:51:01] >> Yeah. [2:51:02] And I want to point out that intermediate is sort of defined [2:51:05] as roughly 50% chance. [2:51:07] So intermediate is really flipping a coin. [2:51:14] >> Commissioner O'neill. [2:51:15] >> I'm not a scientist. [2:51:17] This is out of my wheelhouse on this. [2:51:19] But when we talk about tsunami, we went with the presentation [2:51:24] that we had. [2:51:25] We went with a very conservative threat level, I thought. [2:51:32] That's all I'm looking at. [2:51:35] You have two different main threats here. [2:51:38] You have the salami threat and you have sea level. [2:51:41] And you should be about equal with both of those [2:51:46] in terms of the probability. [2:51:49] And I don't know where that falls [2:51:52] on the medium high, whatever. [2:51:55] But you should be consistent, I think. [2:51:58] >> I understand. [2:51:59] And I will say, with respect to tsunami, [2:52:02] we did not go for the most conservative. [2:52:04] We went for the recommended value. [2:52:07] >> Not you. [2:52:07] When I was listening to the scientist explain -- [2:52:13] they take a more conservative role and than we follow [2:52:17] their recommendations. [2:52:18] I don't think the county deviated. [2:52:21] But just in the way I heard that explanation, [2:52:26] and I don't want to go into all of that. [2:52:29] I'm just saying that we should be [2:52:31] equal in looking at where we fall on the scale for threats [2:52:36] and not make one more than the other. [2:52:39] >> That's what I'm trying to say. [2:52:40] Even the Geological society identified the maximum [2:52:44] theoretical tsunami, which was a 2475 event . [2:52:55] They did not recommend the use of that number. [2:52:58] Except when you're designing public facilities, emergency [2:53:02] facilities or things that needed to be able to sustain [2:53:06] through anything that happened, that's [2:53:08] where the 975 thing came from. [2:53:13] >> And that's fine. [2:53:15] I'm not trying to Rediscuss that. [2:53:17] I'm just saying that I think we should [2:53:19] fall within the same amount of caution or lack of caution [2:53:24] or whatever, for all threats so that we wouldn't [2:53:28] rate one higher than the other. [2:53:30] And I like what you said about, there's [2:53:33] things that are outside of our control. [2:53:35] With a tsunami, you have more control of how you address it [2:53:39] and sea level rise because we can't change what [2:53:43] people do across the world. [2:53:52] >> I'm seeing a split commission on this. [2:53:54] Would it be an appropriate tool to use in alternative [2:53:57] or present us with alternatives? [2:54:01] >> There are no alternatives. [2:54:03] There's intermediate, intermediate-high, and high. [2:54:08] >> When we've had a split discussion they present [2:54:10] the whole document and then alternative A is intermediate [2:54:13] high, alternative B is intermediate. [2:54:16] And as part of our motion making -- [2:54:19] >> That's actually in the document. [2:54:22] >> I'm not saying with go with one or the other. [2:54:25] I'm just saying that there are public documents that [2:54:27] use intermediate simply because it's the logistics of the cost. [2:54:31] Because the science is uncertain for intermediate high and it [2:54:34] costs so much more to build to that. [2:54:36] That counterargument is what Director Ford said. [2:54:39] I'm happy to go with either one. [2:54:43] I'm just putting that caution and that awareness out there. [2:54:48] >> And the challenge is, the science is not that accurate. [2:54:54] And the difference in these ranges is significant. [2:54:57] Okay? [2:55:00] So we are talking about moving from 3.9ft to 5.5ft. [2:55:06] And that's a completely different, [2:55:08] from a cost perspective and development standard, [2:55:14] you're talking about millions if not billions. [2:55:24] >> Roads and public infrastructure, [2:55:26] you're talking tens of millions of dollars. [2:55:28] You can speak better to the cost of residential development [2:55:30] with those differences. [2:55:34] >> It will take areas out of residential development. [2:55:37] It's not like it's going to change -- [2:55:42] it would take areas out of residential development. [2:55:46] And maybe that's okay. [2:55:48] But I think that's what it would potentially do. [2:55:52] Because trying to address it in residential development is going [2:55:56] to certainly -- you're just going to impact the cost [2:56:00] of housing to the extent that it would take it out. [2:56:03] >> Can you just write into the plan that it would be [2:56:05] automatically updated instead of having it be someplace and then [2:56:09] you have to bring it back up? [2:56:10] But that it'll be automatically updated as these numbers change? [2:56:15] Without having to go back and do a whole revision? [2:56:18] Of the plan? [2:56:21] >> I don't think the revision to these numbers is that >> Can it [2:56:29] be an internal thing that happens at a staff level rather [2:56:31] than a whole public hearing? [2:56:34] >> I don't think anybody wants that. [2:56:36] There's got to be complete transparency. [2:56:40] There's got to be a public process. [2:56:43] Nobody wants backroom deals or even the appearance of them. [2:56:48] >> I meant based on the scientific data that [2:56:51] you're relying upon not just, it'll just happen. [2:56:55] >> I think what they're trying to say is can we put [2:56:57] in a sentence that says we're using the OPC 2024 guidance. [2:57:01] If this guidance is updated, the new guidance will substitute. [2:57:07] So we're not changing the decision of use [2:57:09] on intermediate or intermediate high, [2:57:11] we're just using the new numbers. [2:57:15] >> But you're taking the ability of the Board of Supervisors [2:57:17] and the planning Commission. [2:57:19] You're removing their ability to consider whether or not that [2:57:23] is something they want to do. [2:57:26] >> I agree. [2:57:27] I agree because you don't know. [2:57:30] Maybe you get a different group of scientists in there [2:57:33] that are extremely and they came up [2:57:34] with something radical or whatever [2:57:36] and it's like come on wait a minute, that's not us. [2:57:39] We don't want to do that because maybe they [2:57:41] go in the wrong direction. [2:57:53] >> Just to address if we're taking areas out of development, [2:57:55] if we're taking some areas out of development presumably in any [2:58:00] of these levels, but we don't really understand how much we [2:58:04] are potentially taking out of development. [2:58:06] I think one way to think about it is the sea level [2:58:10] rise is happening and the least desirable thing to do [2:58:18] is develop right on the ocean edge. [2:58:20] So we are talking about -- we are kind of getting at how far [2:58:25] are we pulling back? [2:58:27] >> We won't even have a highway 101 if it goes up that high. [2:58:36] >> You can, but costs. [2:58:37] >> The higher we go, the more cost. [2:58:44] >> We're not getting at the setback. [2:58:46] We're getting at the setback in low elevated >> Correct, [2:58:53] where this is impacting. [2:58:54] >> It's helpful for me to think about, [2:58:55] this is really a discussion on how far we're pulling back. [2:58:59] Would it be helpful to have maps? [2:59:03] Is there a way that staff can provide additional information [2:59:07] for us to visualize? [2:59:11] >> We will attempt to develop maps showing intermediate [2:59:15] and intermediate high, to show the difference in land that is [2:59:19] affected by the two scenarios. [2:59:29] >> So maybe we will table this discussion? [2:59:31] >> I'm just listening to the heavy sigh. [2:59:33] Sorry. [2:59:35] >> I think someone would like to make a comment. [2:59:39] If I may comment this is a living document. [2:59:41] So I'm not seeing the issue with not going with the intermediate. [2:59:48] And should things change like numbers or signs, [2:59:51] then we can readdress this at a later date [2:59:54] should it be necessary. [2:59:55] But if we start way high, it's kind of hard to go backwards. [3:00:03] >> And it's true the other way around. [3:00:07] >> You can tell the document is updated and we have development [3:00:10] and all that development is there, [3:00:11] but then you don't have any continued development. [3:00:16] >> I think looking at a map is a good idea because then you go, [3:00:19] wow, I didn't realize that if we were on intermediate high [3:00:23] but that takes out the whole Bay area or something. [3:00:26] The map will help you extend the land of that is impacted [3:00:33] but what it won't you -- what it won't help you understand is [3:00:36] the level of water in areas that are impacted no matter what. [3:00:39] And that affects the level that you [3:00:40] have to build your wastewater treatment plan [3:00:42] or your gas pipeline or your road. [3:00:45] And that's where the magnitude of the tens of millions [3:00:49] can come in. [3:00:50] >> It's the same thing in a flood zone where you have [3:00:52] to build up higher. [3:00:55] >> If you would like, we can put the two options up on the screen [3:00:58] right now. [3:01:03] I have the sea Level Rise viewer from Noah. [3:01:07] But we will start with the four foot which is closest to 3.9. [3:01:13] And then we can jump to 5.5ft. [3:01:19] And I'm going to share my screen. [3:01:45] >> Are you seeing this? [3:01:53] >> So here's the four foot. [3:02:07] >> For folks who may not have seen this map before, [3:02:09] the green is current? [3:02:11] What are the colors that we are looking at? [3:02:21] >> I don't know the number. [3:02:26] >> Those look like the former tidelands. [3:02:28] >> Those are the former tidelands. [3:02:32] >> I'm working on confirming the color scheme right now but based [3:02:35] on my personal and previous experience with this, [3:02:39] I believe the highlight green is stuff that's normally flooded [3:02:42] out during a King tide. [3:02:44] So that's just anything highlighted green [3:02:47] is currently likely to flood out due to King [3:02:52] tide or heavy rainfall. [3:02:56] >> That's helpful. [3:02:57] >> I'm going to go to the four foot. [3:03:17] >> This is intermediate. [3:03:21] And this is intermediate-high. [3:03:31] >> And just to complicate things more, [3:03:33] this is a bathtub model so it's not going to take into account [3:03:36] dynamic processes. [3:03:36] If you pull up the cosmos adapt model, [3:03:39] you're going to see something slightly different. [3:03:41] So take the bathtub model with a grain of salt. [3:03:49] >> The blue areas are areas that would be permanently underwater? [3:03:52] Is that what we're talking about? [3:03:54] >> Yes. [3:03:57] >> Well that would be the whole highway. [3:04:05] >> Back out so we can see around the northern end of the bay. [3:04:11] >> This is off of their website. [3:04:13] Water levels are relative to the local mean [3:04:15] higher high water data. [3:04:19] Areas are connected to Hydrologically [3:04:21] to the ocean are shown in shades of blue. [3:04:24] Darker blue equals greater depth. [3:04:26] And low lying areas displayed in green [3:04:28] are Hydrologically unconnected areas that may also flood. [3:04:33] So as sea level rises, the ocean or areas [3:04:37] connected to the ocean that are somehow hydrologically connected [3:04:42] are in blue. [3:04:44] And the darker the blue, the deeper the water. [3:04:48] Proposed water depth is. [3:04:50] And then the green would be areas [3:04:53] that aren't connected directly to the ocean Hydrologically [3:04:57] however may still flood. [3:05:05] >> Can you go back, to four feet, please? [3:05:08] >> I can Zoom in if you want. [3:05:21] >> I'm assuming other jurisdictions (Indiscernible) [3:05:23] lengthy discussions on this as well. [3:05:25] Do we have any perspective from what they've done? [3:05:30] >> We can research that. [3:05:50] >> Again, this is very high level. [3:05:51] I think it's helpful. [3:05:53] But I'm not seeing a dramatic difference, personally. [3:05:59] >> For me, I'm having a hard time. [3:06:02] I appreciate staff pulling this up and putting [3:06:05] this in front of us but I personally [3:06:08] am not going to be able to follow this well enough [3:06:12] and look at all the areas to be able to make [3:06:15] any sort of substantive decision about it tonight. [3:06:25] >> I will stop share. [3:06:26] >> How can we help with this? [3:06:27] >> It's a great question. [3:06:29] I think maybe even, if this is the data that you think is [3:06:34] the data to use, then sharing that data -- [3:06:37] I just need time to look at it and play with it in a way that [3:06:42] makes me digest it, personally. [3:06:44] But then I also heard that Commissioner Farland [3:06:48] noted that there was another model that showed something [3:06:51] slightly different. [3:06:53] >> Yes, but neither model is going to get to the cost concern [3:06:57] that was mentioned. [3:07:00] Because the area is going to be flooded [3:07:01] in intermediate or intermediate high. [3:07:03] It's the amount of flooding which [3:07:05] dictates the road that has to be built [3:07:08] or the gas line height that has to be raised to. [3:07:10] And the higher you go, the more cost. [3:07:13] >> I feel like I understand what you are articulating around [3:07:17] the cost and the difference between the two. [3:07:22] I'm curious to the rest of the commission, [3:07:24] my sense on this item is that I don't [3:07:27] know that there's more progress to be made on it tonight. [3:07:31] And that we've double Dutch and that we come back to it again. [3:07:35] -- and that we come back to it >> We will try to bring back [3:07:41] some better illustrations that will be in your packet to take [3:07:44] a look at. [3:07:46] >> Okay. [3:07:48] >> Did you have any other questions? [3:07:49] You had mentioned that you needed more information. [3:07:52] Does that meet your needs? [3:07:54] >> It does. [3:07:55] Thank you. [3:07:58] >> I wanted to quickly note the miss gesture from Core Hub had [3:08:05] made a suggestion about adding language about environmental [3:08:08] justice concerns. [3:08:09] And I would be in support of adding [3:08:11] in that language, personally. [3:08:13] I was curious to see if other commissioners were [3:08:17] in support of that. [3:08:28] >> I think it's already in there. [3:08:29] I heard the concerns about environmental justice [3:08:32] but when I went back and looked at the section [3:08:36] on environmental Justice, it cites [3:08:39] all of the existing policies we have [3:08:42] to comply with around environmental justice [3:08:44] so, I'm not sure what other modification [3:08:49] we necessarily can make. [3:08:51] I think the document already reflects a commitment . [3:09:02] >> What I heard in that comment was that it was specific [3:09:04] to the port overlay. [3:09:07] Similar to me, as the conversation was had around [3:09:12] noise where we wanted the idea of calling out that specifically [3:09:16] as a part of the port or were they consideration so that when [3:09:25] -- so that we're adding it in specifically to make sure that [3:09:28] it's considered as part of the port overlay process. [3:09:36] >> Yeah, I appreciate Commissioner West bringing that [3:09:38] up. [3:09:39] I feel it with our time left that was a comment -- [3:09:41] topic I really wanted to address as well. [3:09:43] I don't feel like the environmental justice section [3:09:47] necessarily fully addresses either comment we've received [3:09:53] to date one of my fundamental concerns that I've been [3:09:59] wrestling with where we have deeply important indigenous [3:10:05] lands that have a lot of meeting -- meeting. [3:10:08] And we have residential zoned areas all next [3:10:12] to this very industrial area. [3:10:15] And I feel like it's really within the purview [3:10:19] of this planning document to try to reconcile the known [3:10:23] challenges that are already there [3:10:26] and help to provide some direction during a port overlay [3:10:31] process or even to future commissioners down the road. [3:10:37] And I don't feel like it quite addresses [3:10:43] the view shed well enough. [3:10:48] I don't feel like it addresses decommissioning [3:10:50] and the potential issues we historically [3:10:52] see from industry when they force that decommissioning [3:10:56] work onto the community. [3:10:59] We've also talked about -- it's been mentioned about anti [3:11:04] displacements and concerns for missing, [3:11:07] murdered indigenous people. [3:11:08] I really appreciate the suggestion of the comment around [3:11:14] -- instead of trying to tackle each one of those individually, [3:11:18] really calling out that environmental justice effort be [3:11:23] made when the port overlay is pursued. [3:11:28] I appreciate that comment. [3:11:31] I would like to see that addressed here. [3:11:41] >> I'm seeing a couple of head nods. [3:11:43] >> So you're identifying areas that you feel need to be added [3:11:46] or modified? [3:11:54] >> What I heard and what I'm proposing is that rather than [3:11:56] trying to tackle those individual areas here because it [3:11:59] is a daunting task, do put that onto the port overlay. [3:12:04] We are allowing a port overlay process [3:12:06] but then there's a whole process to actually establish it. [3:12:09] And so it is pushing that down the road a little bit, [3:12:14] but we are still acknowledging that we [3:12:17] are aware of those conflicts. [3:12:21] For me, I really clearly acknowledging [3:12:23] that we are aware of those conflicts [3:12:25] and that they need to be thought through. [3:12:34] >> Are you in agreement with that? [3:12:36] >> I share the same sentiment as you. [3:12:37] I'm trying to gauge where the commission is at as a whole [3:12:41] with this topic. [3:12:42] I saw a shake of the head no. [3:12:45] I saw a couple of yeses . [3:12:55] >> (Indiscernible) sorry. [3:12:57] I just feel like this document has sufficiently [3:13:02] addressed the environmental justice issues. [3:13:04] It calls out just about everything [3:13:07] you can possibly think of. [3:13:09] I think we are getting to a point where -- [3:13:15] I feel that this document is adequate in the environmental [3:13:19] justice concerns. [3:13:20] It's laid everything out here including [3:13:24] the Coastal Commission's definition of an environment [3:13:27] justice policy. [3:13:36] >> I have a couple of commissioners I haven't really [3:13:39] seen a yes or a no from on this. [3:13:40] I'm curious, since we have a little bit of division. [3:13:45] Is this where you guys land? [3:13:48] >> Again, I thought I said that I read the environmental justice [3:13:53] section here, the environmental justice policy. [3:13:56] I fully support the environmental justice statements [3:13:59] that are in here. [3:14:01] And I don't see how the port overlay [3:14:04] zone is going to be able to walk away from the statements [3:14:08] that we've already made in the Humboldt Bay area plan. [3:14:12] So I just didn't see a need to repeat that again [3:14:16] in the port overlay section. [3:14:19] >> It's part of this plan that has a whole section [3:14:21] on our environmental justice and our policies around that. [3:14:24] If there's some policy language in the environmental justice [3:14:27] section that doesn't address something, [3:14:30] then maybe that's where it belongs. [3:14:34] But I didn't see a need to restate it again [3:14:38] in the port overlay. [3:14:41] Port overlay is a part of this plan. [3:14:53] >> My thought is that there are some missing policy elements [3:14:55] in the environmental Justice section that I think would be [3:14:58] very difficult and time consuming to try to tackle here [3:15:02] and now. [3:15:03] And I think a lot of that has to do mostly specifically with [3:15:08] the port overlay area and what might potentially happen in that [3:15:12] area rather than the Humboldt Bay -- [3:15:15] the entire Humboldt Bay area scope as a whole. [3:15:19] And so I think it makes sense to me to signal that in some way, [3:15:25] that there are really no intentions between the -- [3:15:29] no known tensions between the residential zoning and the Samoa [3:15:33] area and the indigenous lands that are immediately adjacent [3:15:36] to that area. [3:15:37] >> So what you're saying is that you don't think we'll get there [3:15:40] by this policy of ensuring fair treatment and meaningful [3:15:44] involvement of all people by considering environmental [3:15:48] justice and encouraging an inclusive and meaningful public [3:15:52] engagement into the decision making process? [3:15:54] Like, we're taking all the steps in the environmental justice [3:15:57] policy to address the things that you want [3:16:02] to make sure that we address. [3:16:04] The process is defined in the environmental justice policy [3:16:08] to achieve environmental justice. [3:16:10] We don't know what all the issues are yet [3:16:14] because we haven't done a port overlay plan [3:16:17] or start to think about all the issues our. [3:16:19] But we're going to hear about them through a process [3:16:22] that we've described in the Environmental Justice [3:16:25] section of including that, having those hearings, [3:16:28] making sure we bring all those people in. [3:16:32] That's what I'm saying, I think it's already in here . [3:16:40] We don't know how else to do that unless we [3:16:42] get into the process. [3:16:45] >> Where I'm coming from is that I think we do already know some [3:16:49] of those conflict points. [3:16:51] We know that Tuluwat is a very important place to we out [3:16:56] to people and we know that there's [3:16:57] significance and concerns with viewshed impacts on development. [3:17:00] We also know that we are zoning residential immediately adjacent [3:17:05] to industrial . [3:17:10] We also know that historically there has [3:17:15] been decommissioning issues. [3:17:16] We see that with the pulp mill and the property [3:17:19] that the Harbor District has been willing to take on. [3:17:21] And we could potentially see those impacts again. [3:17:23] I feel like we already have some perspective [3:17:26] of the tensions that are there. [3:17:30] And it was feeling lacking to just not acknowledge that. [3:17:36] But I was also concerned about trying to tackle [3:17:39] each one of those here. [3:17:42] And so I do think the suggestion of acknowledging [3:17:48] those tensions are known and we want to make sure that those are [3:17:53] addressed during a port overlay process [3:17:56] rather than turning a blind eye and saying [3:17:59] that we have the process and we hope that it will be tackled. [3:18:02] We are aware of these tensions now. [3:18:12] >> Okay. [3:18:13] Again, we are aware. [3:18:17] I don't know how to get at what I'm trying to say. [3:18:22] I agree with you that we are aware. [3:18:24] And we're facing them. [3:18:26] And we are committing to a process of inclusion [3:18:35] through our environmental justice policies in here [3:18:37] to address those. [3:18:39] Restating them in advance of getting to them, [3:18:45] I don't know how that adds to the Bay area plan. [3:18:49] But I understand your concern is that you [3:18:54] don't want us to whitewash them or walk away from them like they [3:18:59] don't exist. [3:19:00] But I don't think the process is going to allow us to do that. [3:19:05] >> Yes, I think that's what I would have to agree with [3:19:11] the commissioner. [3:19:11] You would use the term and you hope [3:19:14] that they would be addressed prior Mark the policy basically [3:19:16] says that those issues shall be addressed. [3:19:19] Anything outside of that would be a violation of policy, [3:19:23] correct? [3:19:31] >> I'm hoping to hear how you would address this concern [3:19:33] but I'm just saying that I think it's already covered. [3:19:49] >> I think we lay out a process to listen to environmental [3:19:52] justice issues while at the same time ignoring comments we are [3:19:59] hearing about environmental justice issues. [3:20:10] What I'm struggling with is how to move forward [3:20:12] with allowing a port overlay area, which I think [3:20:18] has a lot of importance for all sorts of reasons. [3:20:26] But it's in a really tough spot. [3:20:31] For a lot of reasons that we know now. [3:20:35] And it doesn't feel genuine to me [3:20:40] to flesh that out a bit more about what we know now, [3:20:46] to signal that we know about it and we need to think about it. [3:20:52] And make sure that we're paying attention to it. [3:20:57] Rather than we simply have a policy [3:20:59] and we hope that set of policies will [3:21:04] capture all the public comments and everything [3:21:06] we've heard to date. [3:21:10] >> I just have a question. [3:21:13] It seems like we're having a conversation right now [3:21:16] between a process that is already spelled out [3:21:21] and wanting to identify policies for how these things will [3:21:25] be treated in the future. [3:21:29] One of the things I hear on the one hand is [3:21:34] is that the process will address how those are treated. [3:21:38] But what I hear being said on the other hand [3:21:42] is wanting to predetermine how those are addressed. [3:21:50] Because I think, really, the way to get off this is to decide, [3:21:56] are we talking about imposing policies [3:21:59] on how some of these EJ issues are addressed now [3:22:04] rather than allowing the process to address it? [3:22:07] Or is this something I'm missing? [3:22:12] I think there's two different conversations happening here. [3:22:19] >> Is it the choice of words that you use in the policy like [3:22:22] shall? [3:22:23] Because when you say minimize or promote, those are vague words. [3:22:31] Well, we tried. [3:22:33] Or, we shall do this. [3:22:35] Is that where we're going with this? [3:22:38] Because I'm not sure I'm getting what we [3:22:42] can do right now in this plan. [3:22:45] And I agree with what you're saying. [3:22:48] But how do we put it in the plan? [3:22:52] Or should we put it in the plan? [3:22:53] And is it through the use in the environmental justice [3:22:56] of stronger words? [3:23:05] >> I think my biggest struggle is that there was a choice [3:23:07] to integrate into this section two language around history [3:23:15] of injustice and environmental justice issues. [3:23:23] But we've chosen to also not include some of the history [3:23:27] and information and feedback that we've received to date. [3:23:34] So maybe the -- and I appreciate the discussion because clearly [3:23:39] I'm not coming with a solution here. [3:23:42] But maybe an approach is to flesh out and include [3:23:48] acknowledgment -- more direct acknowledgment of the comments [3:23:52] we achieved in the conflicts we are aware of so far [3:23:56] in the background of -- in the background section of 2.2. [3:24:01] That helps to inform when the policies part B is implemented. [3:24:07] It has that background to it. [3:24:16] >> Do you think you could tackle that and come back with some [3:24:19] recommendations? [3:24:29] >> I think we maybe are coming a little bit full circle. [3:24:32] The goal was to get this Humboldt Bay area plan approved [3:24:37] knowing that we also have this potential big project going on [3:24:43] out in the industrial area next to Samoa. [3:24:47] So we said, we're not going to be able to tackle all [3:24:50] of the issues with that right now so we're going to create -- [3:24:53] we're going to push that off to the future in the port overlay [3:24:56] zone. [3:24:57] And we want to make sure when we do get into the port overlay [3:25:02] zone that we do dig into all of those issues. [3:25:05] And to do that, we need a lot more technical information [3:25:08] about what the project is all about. [3:25:11] And we need to hear about the community's specific concerns [3:25:15] about that. [3:25:18] Maybe we haven't done quite a good enough job [3:25:25] in describing the need for the port overlay zone, [3:25:30] even up front early on in this document, [3:25:33] to explain what this document is all about, [3:25:36] explain that we know there is a potential large project going [3:25:41] to occur on the bay in the future that's in the development [3:25:45] stages now. [3:25:48] And that we are going to utilize this document [3:25:53] but support it by more detailed documents in the port overlay [3:25:58] zone that addresses those specific issues such as noise, [3:26:06] visual, whatever other specific impacts that we've heard [3:26:09] about that people are concerned about that those will [3:26:12] be addressed in the port overlay zone document in more detail. [3:26:16] And that we will follow the Social justice [3:26:21] policies outlined in section two again [3:26:25] as a part of that port overlay zone development. [3:26:31] Maybe we can somehow expand on that description [3:26:33] because you do have to read into this document for a long time [3:26:36] before you actually get to the word support overlay zone [3:26:39] to really understand it. [3:26:40] And people that do have those concerns probably [3:26:44] aren't going to get to page 120 and I understand that. [3:26:52] So maybe we could build that up front somehow. [3:26:55] I'm just proposing ideas. [3:26:57] I hear what you're saying. [3:26:59] I'm just trying to figure out -- [3:27:02] I'm trying to bring that forward in this document [3:27:04] so that the people wherever raise [3:27:07] those concerns understand that we are going to get to them. [3:27:11] And it's not going to be detailed in the segment [3:27:16] and in the future document. [3:27:19] >> I appreciate that. [3:27:21] I feel like that's going in the direction I want it to go. [3:27:24] A point of clarification, while the EIR process is formulaic [3:27:28] and it does tackle some of those issues [3:27:31] that we are aware of that create this conflict, [3:27:35] I can also see the formula process missing [3:27:38] some of the issues here. [3:27:45] And so maybe some reinforcing language [3:27:48] that you're talking about, that the process of assessing [3:27:51] the impacts of the port overlay zone [3:27:54] are ensured to follow this process if I'm [3:27:58] capturing what you're saying. [3:28:00] >> I'm proposing to that. [3:28:04] >> So we're coming up on 9:30 p.m. [3:28:06] It sounds like we have next steps for this item. [3:28:12] >> Yeah, I think we can bring some language back [3:28:14] for your consideration. [3:28:18] >> That begs the question of, do we have other topics do we need [3:28:23] to continue this workshop? [3:28:24] Or can we move this forward into the hearing stage? [3:28:39] >> I'm happy to move to the hearing stage. [3:28:41] >> I think I'm feeling a tremendous amount of work has [3:28:45] happened and public comments have been integrated [3:28:48] and our comments have been integrated. [3:28:50] And I saw that there is still a bit more [3:28:52] to be integrated that we have yet to see. [3:29:04] >> I think I'm in favor of that as well. [3:29:05] I would like to throw out an initial request [3:29:05] to staff to clarify a bit more why they declined [3:29:09] to integrate the Humboldt Bay Municipal Water District [3:29:12] requests. [3:29:14] Yanagi's in light of going back to Commissioner McFarland's [3:29:20] point about Murray Fields. [3:29:22] And it feels a bit awkward to me for me [3:29:25] to call it Mary Field as a particular asset [3:29:28] while declining the just the Humboldt Bay Municipal Water [3:29:33] districts concerns about their assets. [3:29:37] >> I think that's fair. [3:29:38] We can respond to that. [3:29:40] I think we looked at Humboldt Bay Municipal Water District [3:29:43] and in the bigger context. [3:29:46] And they were looking at very specific issues [3:29:48] on the peninsula. [3:29:50] But there are utilities all over the Humboldt area plan. [3:29:55] And so either the overall arching policies are [3:30:00] adequate to address it or not. [3:30:03] I know that the Humboldt Bay Municipal Water District [3:30:08] has particular struggles that they're [3:30:10] having with how to address future potential issues [3:30:14] particularly on the peninsula with maintenance and service. [3:30:20] We can write things into the plan to facilitate that. [3:30:26] But I'm not sure that we need to have specific language in that. [3:30:33] I'd frankly prefer to leave Marie Field alone. [3:30:36] I don't think we need to specifically call out [3:30:39] a county facility. [3:30:42] I don't want to exaggerate but we [3:30:45] heard it at least three consecutive discussions [3:30:47] with the Coastal Commission. [3:30:50] Will do it. [3:31:02] >> That makes sense. [3:31:03] Maybe I'm just on the hearing -- maybe including addressing it [3:31:03] one more time. [3:31:04] >> I'd be happy to. [3:31:06] >> Do you need a motion from us? [3:31:08] You have our direction. [3:31:11] >> We have direction and I'm understanding in the question [3:31:14] that our next step would be to advertise for a public hearing, [3:31:18] which I believe is going to be October 14th -- [3:31:23] 15th. [3:31:24] >> Okay. [3:31:26] October 15th. [3:31:27] Sounds good. [3:31:28] With that, we will end the public workshop [3:31:32] and move on to report from planner. [3:31:39] >> I don't think I have anything tonight. [3:31:43] >> That brings us to planning commission discussion items. [3:31:48] I'll start off with, this isn't a discussion item [3:31:53] but it seems like the most appropriate place to note it. [3:31:56] The next meeting on September 17th is my daughter's first [3:32:01] birthday so if we have a quorum and commissioner Curiosi -- [3:32:07] I'm blanking on words. [3:32:11] As Vice chair would step in, I will not be in attendance [3:32:16] at our next meeting. [3:32:18] Just a heads up. [3:32:19] But if we need quorum, I will come. [3:32:22] It's been a year? [3:32:24] Yes. (Laughs). [3:32:28] Thank you. [3:32:31] Any other planning commission discussion items? [3:32:35] >> I won't be here on October 15th. [3:32:36] Maybe I could call in because (Indiscernible) I [3:32:44] don't think you would need to hear much [3:32:45] more from me on the area plan. [3:32:47] So it's okay. [3:32:55] >> I have a conflict with the October 1st meeting in October. [3:32:58] I don't know if it's the first or the second. [3:32:58] So that's the first meeting in October? [3:33:00] >> Yes. [3:33:02] >> Okay. [3:33:03] I'll be here for the hearing. [3:33:07] >> Is that the first or second? [3:33:11] >> Yeah. [3:33:13] >> Okay. [3:33:15] Anything else? [3:33:16] Great, then we are going to adjourn to our next meeting [3:33:19] on September 17th, 2026 at 6:00 in these chambers.