TPZ at county Planning Commission tonight
(NOVEMBER 29, 2007 6:00 p.m.
Board of Supervisors' Chamber County Courthouse, Eureka
There will be a break on or about 7:30 p.m.)
ER Humboldt County staff’s proposed revision of the timberland production zone is the only item on the Planning Commission’s agenda tonight. (agenda)
Humboldt County Deputy County Counsel Carolyn Ruth said she doesn’t expect to make a formal presentation during tonight’s meeting, but one of the issues, she said, for which commissioners might seek her opinion is a recent letter penned by Edgar B. Washburn of San Francisco law firm Morrison & Foerster LLP.
Through some research, The Eureka Reporter discovered Washburn’s firm as of Oct. 11 had served as special litigation and regulatory counsel to Pacific Lumber Co., Scotia Pacific Co. LLC and Salmon Creek LLC as is evidenced on a document that is part of the files for the U.S. Bankruptcy Court for the Southern District of Texas, Corpus Christi.
The county’s TPZ revisions were sparked by PALCO’s bankruptcy reorganization plan.
It includes a proposed sale of six old-growth redwood groves totaling 6,600 acres for conservation purposes and an adjacent 21,800 acres of second-growth, commercial timberland for developing 136 residential parcels titled “Redwood Ranch Development Project.”
The planning commissioners held a public hearing on Nov. 15 for the purpose of considering staff’s proposed TPZ revisions. It continued the hearing to tonight at 6 p.m. in the Supervisors’ Chamber at the Humboldt County Courthouse in Eureka.
Staff maintains the current TPZ regulations fail to address a state law that a residence be “necessary for the management of land zoned as timberland production.”
Washburn’s letter stated, in his opinion, staff’s interpretation of California Government Code 51104 (h) is incorrect. Further, he stated, staff’s interpretation of No. 6 in that section is wrong.
This section describes what can be considered a compatible use on TPZ land, and it shouldn’t “significantly detract” from harvesting timber. No. 6 of the compatible uses reads “a residence or other structure necessary for the management of land zoned as timberland production.”
Washburn argues the intent of No. 6 was that residences were to be included and with them other structures necessary for management could be considered.
TS Commission takes on TPZ again
Morrison-Foerster on treatment of residences as compatible use within TPZ land. an 8-pg pdf document