To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
Black Dog Partnership, LP General Plan Amendment and Zone Reclassification; Lot Line Adjustment; and Special Permit
Assessor Parcel Number 510-081-001; 510-081-002; and 510-081-003
Record No.: PLN-2021-17029
McKinleyville Area
A General Plan Amendment and Zone Reclassification to increase the Community Services (CS) Land Use designation and the Community Commercial Zone (C-2) by approximately 2.95 acres and reduce the Residential Low Density (RL) land use designation and Residential One-Family Zone (R-1) by the same amount on APNs 510-081-001, 510-081-002, and 510-081-003 which have a combined total area of approximately 7.42 acres. The project also includes a lot line adjustment between APNs 510-081-002 and 510-081-001. The new parcel boundaries would coincide with the proposed General Plan and Zoning boundaries.
The Applicant proposes expanding the operations of the McKinleyville Ace Hardware including additional paving of approximately 53,250 square feet for an estimated 56 parking spaces, as well as gravel surface of approximately 38,770 square feet. Also proposed is the construction of three structures totaling 11,730 square feet including a greenhouse as well as lumber rack structures. The existing site entrance is proposed to be reconfigured to take access from the new access road proposed through APN 510-081-001. The proposal also includes a Special Permit for new and after the fact filling of wetlands that includes 1:1 restoration for all filled one and two parameter wetlands and 2:1 restoration for all filled three-parameter wetlands and the construction of new wetlands, bioswales, and buffer areas.
end
RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1 - Adopt the resolution, (Attachment 1) which does the following:
a - Adopt the Mitigated Negative Declaration prepared for the Black Dog Partnership LP, project pursuant to section 15074 of the State CEQA guidelines; and
b - Adopt the Mitigation Monitoring and Reporting Program; and
c - Finds the proposed project complies with the General Plan and Zoning Ordinance; and
d - Finds the proposed project does not reduce the residential density for any parcel below the inventory adopted in the housing element; and
e - Recommend the Board of Supervisors approve the General Plan Amendment and Zone Reclassification of Assessor’s Parcel Numbers 510-081-001 and 510-081-002 to increase the Community Services (CS) Land Use designation and the Community Commercial Zone (C-2) by approximately 2.95 acres and reduce the Residential Low Density (RL) land use designation and Residential One-Family Zone (R-1) by the same amount; and
f - Approves the Lot Line Adjustment of Assessor’s Parcel Numbers 510-081-001 and 510-081-002 to create Proposed Parcel 1 and Proposed Parcel 2 subject to the conditions of approval (Attachment 1A); and
g - Approves the Black Dog Partnership, LP Special Permit subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project is in the McKinleyville area, on the east side of Central Avenue, approximately 500 feet south from the intersection of Murray Road and Central Avenue, on the property know as 2707 and 2725 Central Avenue and known as Assessor Parcel Numbers 510-081-001, 510-081-002, and 510-081-003.
Present General Plan Land Use Designation: Commercial Services with Airport Land Use Compatibility Zone Overlay (CS, AP); Residential Low Density (1-7 units/acre) with Airport Land Use Compatibility Zone Overlay (RL1-7, AP); McKinleyville Community Plan.
Present Zoning: Community Commercial; (C-2); Residential One-Family (R-1); Airport Safety Review (AP); Noise Impact (N); Streamside Management Areas and Wetlands Combining Zones (WR).
Environmental Review: An Initial Study/Mitigated Negative Declaration has been prepared pursuant to the California Environmental Quality Act (CEQA) Statute (Public Resources Code 21000-21189) and Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387).
State Appeal: Project is NOT appealable to the California Coastal Commission.
Major Concerns: Wetlands.
Monitoring Required: CEQA Mitigation Monitoring.
Executive Summary: A General Plan Amendment and Zone Reclassification to increase the Community Services (CS) Land Use designation and the Community Commercial Zone (C-2) by approximately 2.95 acres and reduce the Residential Low Density (RL) land use designation and Residential One-Family Zone (R-1) by the same amount on APNs 510-081-001, 510-081-002, and 510-081-003 which have a combined total area of approximately 7.42 acres. The project also includes a lot line adjustment between APNs 510-081-002 and 510-081-001. The new parcel boundaries would coincide with the proposed General Plan Amendment and Zoning Reclassification boundaries.
The Applicant proposes expanding the operations of the McKinleyville Ace Hardware including additional paving of approximately 53,250 square feet for an estimated 56 parking spaces, as well as gravel surface of approximately 38,770 square feet. Also proposed is the construction of three structures totaling 11,730 square feet including a greenhouse as well as lumber rack structures. The existing site entrance is proposed to be reconfigured to take access from the new access road proposed through APN 510-081-001. The proposal also includes a Special Permit for new and after the fact filling of wetlands that includes 1:1 restoration for all filled one and two parameter wetlands and 2:1 restoration for all filled three-parameter wetlands and the construction of new wetlands, bioswales, and buffer areas. The proposed R-1 zoned parcel will be available for future residential subdivision development however a subdivision is not part of the proposed project.
An Initial Study / Mitigated Negative Declaration (SCH Number 2026080039) was circulated from August 3 to September 3, 2026. Three public comments were received.
LOT LINE ADJUSTMENT
The Lot Line Adjustment (LLA) is between two parcels, APNs 510-081-001 and 510-081-002, resulting in two parcels, proposed parcel 1 and proposed parcel 2. APNs 510-081-001 and 510-081-002 are legal parcels per LLA-15-028 as shown on Record of Survey (Book 71 of Surveys Page 52). The two parcels in their current configuration are both split by residential and commercial zoning and land use designations. The parcels are served by the McKinleyville Community Services District.
Proposed parcel 1, if approved, will be vacant and exclusively zoned and planned for residential use and proposed parcel 2 will contain the McKinleyville Ace commercial operation and be exclusively zoned and planned for commercial use (see Attachments 2B and 2C).
Water / Wastewater: The project was referred to Division of Environmental Health which responded with a recommendation of approval. The project was also referred to the McKinleyville Community Services District which also responded with a recommendation of approval (Attachment 4).
Access: Access to the site is currently via Central Avenue, which runs along the western side of the project parcels. Site access will be reconfigured as part of the proposed project. Specifically, a new privately maintained, publicly accessible street, “Ace Avenue,” is proposed along the southern portion of the Site, off Central Avenue, which will be developed in accordance with Humboldt County Department of Public Works requirements. The ingress and egress location for the existing retail store will be reconfigured to take access from Ace Avenue, rather than Central Avenue and would be paved and gated.
The project was referred to Public Works which responded with a recommendation of approval with conditions (Attachment 4A). Public works requested standard conditions regarding monumentation and record of survey. Regarding the proposed new access, Public Works provided a series of acceptable options for servicing the resultant residential parcel. The requested conditions such as designating a 40 foot right of way for the proposed Ace Avenue and the requirement for an encroachment permit, are incorporated into the conditions of approval (Condition of Approval C2).
GENERAL PLAN AMENDMENT AND ZONE RECLASSIFICATION
The project proposes that the area currently designated and zoned as Commercial Services (CS, AP) and Community Commercial (C-2-AP-N-WR) with respective combining zones on Parcels 1 and 2 would shift approximately 190 feet to the east, with an additional area in the southeastern corner to contain the proposed stormwater retention basin and wetland/bioswale improvements. The local land use designations and zoning would not change but the boundary between the two would shift to coincide with the lot line adjustment (See maps in Attachments 2B and 2C).
The tables below show the current and proposed area in acres comprising each land use and zoning designation on the three properties.
Current Area of Existing Land Use and Zoning Designations by Property
Proposed Area of Modified Land Use and Zoning Designations by Property
Based on information summarized in the tables above, the proposed project will increase the amount of land planned and zoned for commercial use and decrease the amount of residentially planned and zoned land by a total of approximately 2.95 acres, respectively.
Public Interest: The General Plan Amendment and Zone Reclassification are arguably in the public interest because the McKinleyville Ace retail store operations are currently encroaching into residentially zoned areas within the split zoned APNs 510-081-001 and 510-081-002. In addition, the McKinleyville Ace store serves an important local need for the McKinleyville community and the amendments will allow for a more efficient traffic and parking plan to serve the operation. The General Plan Amendment and Zone Reclassification are essentially a boundary adjustment to coincide with a Lot Line Adjustment which will enable the retail store to be located within a parcel exclusively designated and zoned for commercial purposes and establishing a vacant parcel exclusively designated and zoned for residential purposes. If approved, the retail and commercial operations would be able to expand based on current and anticipated needs and resolve compliance issues regarding the encroachment into residentially planned and zoned land. The amendment also helps to establish an appropriate access to serve the residentially designated parcel that will help to facilitate future residential development.
General Plan Consistency: The General Plan Amendment is consistent with the overall General Plan because the designation is not changing, just the overall coverage is increasing by 2.95 acres. The commercial area would still be aligned along the frontage of Central Avenue which has well established commercial uses. The Zone Reclassification is consistent with the General Plan because the boundary adjustment would remain aligned with the modified boundary between the commercial and residential land use designations.
The subject parcels are planned and zoned with the Airport Land Use Compatibility Overlay. Per the Humboldt County Airport Land Use Compatibility Plan (ALUCP) and mapping, the project site is located withing Safety Zone 6. Per the Safety Compatibility Criteria in Table 3-2 of the ALUCP, both residential uses and retail sales are considered compatible with the ALUCP.
Residential Density: While the proposed General Plan Amendment and Zone Reclassification would result in a 2.95 acre decrease in land designated and zoned for residential development, there would be no detrimental impact on residential density. The project parcels are not listed as part of the adopted Housing Element inventory and a single, developable, vacant lot would remain intact. Additionally, the project proposal includes the creation of an access easement to serve residential portion of the property that would otherwise be land locked.
SPECIAL PERMIT
A Special Permit for relocation of an existing bioswale, and consolidation and restoration of wetlands on APNs: 510-081-001 and 510-081-002 is part of the proposed project. As shown in the Grading and Drainage Plan construction drawings (Attachment 3B) as well as the figures in the Wetland Mitigation and Monitoring Plan (Attachment 3K), the project includes modifications to the existing wetland area, in addition to construction of a stormwater detention basin within the southern portion of the Site and construction of a bioswale coincide along the eastern boundary of proposed parcel 2 of the Lot Line Adjustment. The purpose of the consolidation and restoration is to address unpermitted development that occurred immediately east of the existing retail store and to manage drainage. Specifically, 0.36 acres of one to two parameter wetlands were impacted by the unpermitted development and will be restored. The consolidation and relocation of the wetlands will facilitate a more functional access and parking area and improve drainage management.
Under the project, a portion of the existing three-parameter wetland located north and east of the existing barn would be filled, with the remaining wetland area to be reconfigured. Additionally, a separate stormwater detention basin is proposed southeast of the reconfigured wetland to capture run-off from the McKinleyville Ace Hardware retail store. In addition, an approximately 0.33-acre elongated bioswale along the majority of Proposed Parcel 2’s eastern boundary to contain runoff from Proposed Parcel 2 (western parcel) and prevent it from flowing onto adjacent proposed Parcel 1 to the east. A 0.95-acre, variable width vegetated buffer is proposed around the entire bioswale and most of the proposed reconfigured wetland. The surrounding area would be graded to provide positive draining towards the proposed reconfigured wetland.
Biological Resources: A Natural Resources Assessment (Biological Report) was prepared by SHN in August 2019 and a Botanical Survey (Survey) by Hohman in March 2026 (Attachments 3F and 3M). Per the Biological Report and survey, two seasonally appropriate surveys for botanical species with a moderate or higher potential for occurrence at the site were performed. During the field surveys, the western portion of the site was noted to be comprised of native and non-native forbs, grasses, and conifers, with approximately 71 percent of the study area comprised of non-native plant species. Existing habitat quality within the study area was noted to be consistent with adjacent areas. As discussed in the Biological Report, there is the potential for 65 special-status plant species to occur. 58 of the plant species are considered to have no or low potential to occur within the study area and seven species have a moderate or higher potential to occur. No special-status plant species were observed within the study area during follow up field surveys. The Biological Report also states that all locations with a shrub or tree canopy layer, in addition to tall grasses, may provide nesting habitat for a diverse array of migratory bird species. Additionally, one sensitive vegetation community was observed within the palustrine emergent wetland, which included the Argentina egedii Herbaceous Alliance. Based on the findings of the Biological Report and Survey, several recommendations are included to ensure no significant impacts to biological resources will occur. This includes but is not limited to minimizing ground disturbance, project related noise, and timing of vegetation clearing. These recommendations which have been incorporated in Mitigation Measure BIO-1 (See Mitigation Monitoring and Reporting Program Attachment 3A) and the permit conditions of approval (Condition of Approval Section B).
The site does not contain any streams. The western and central portions of the site are known to contain one, two, and three-parameter wetlands, totaling 1.18 acres. A Wetland Delineation was prepared by Streamline Planning Consultants in September 2014 (Attachment 3D) for APNs 510-081-001 and 510-081-002 to determine the boundary of a wetland located near the existing barn within the southern portion of APN 510-081-001. As noted in 2014 Wetland Report, the site was evaluated using the three parameters of the U.S. Army Corps of Engineers.
An additional Wetland Delineation was prepared by SHN in May 2020 (Attachment 3E) to delineate potential wetlands and other waters of the United States and States, as defined by the USACE three-parameter methodology, to assist with future Site design and minimizing potential impacts on such features. As noted in the Wetland Delineation Report, the USACE method relies on a three-parameter approach, in which criteria for hydrophytic vegetation, hydric soils, and wetland hydrology must each be met to conclude that an area qualifies as a wetland. However, the McKinleyville Community Plan (MCCP) requires only one of the three wetland parameters to be met to qualify as a wetland. One three-parameter area, covering approximately 0.30 acres, is located within a geomorphic depression east of the old barn. The area adjacent to the existing store heading to the north of the parcel has one to two parameters present and covers approximately 0.88 acres (Attachment 3E). The eastern half of the study area (1.55 acres) slopes gently upward to the east and is classified as upland with no wetland parameters present. Upon review, it was determined that the SHN 2020 Wetland Delineation omitted one-parameter wetlands immediately east of the retail store that were impacted by the installation of a gravel parking lot and storage. This was resolved by additional analysis by staff and the applicant’s agent and incorporated into the totals used in the Wetland Mitigation and Monitoring Plan (Attachment 3K) The actual total of One and Two-Parameter wetlands is 1.24 acres. Wetland totals are also summarized in the table below.
Taken from 2020 SHN Wetland Delineation (Attachment 3E) and 2026 Hohman Wetland Mitigation Plan (Attachment 3K).
There will be both temporary and permanent impacts to the mapped one, two, and three-parameter wetlands. Impacts will occur through the expansion and reconstruction of the retail parking area and the creation of a bioswale, vegetated buffer, and stormwater detention pond. Vegetation removal will be temporary as graded areas will be replanted with wetland vegetation. In addition to the proposed development, previous unpermitted expansion of the parking area filled approximately 0.36 acres of one to two-parameter wetlands. The area of previous impacts will be mitigated after-the- fact according to the Wetlands Mitigation Plan (Attachment 3K). The size of the impacts is summarized in the following tables below.
Impacts to 1 or 2-parameter wetlands
Impacts to 3-parameter wetlands
The proposed Wetland Mitigation Plan (Attachment 3K) summarizes pre and post development wetlands with mitigation as follows:
The summary in the table above represents a mitigation ratio of 1.08:1 overall and a mitigation ratio 1.26:1 for three-parameter wetlands and 1.04:1 ratio for one and two-parameter wetlands.
Consultation with the State Water Board and California Department of Fish and Wildlife (Attachments 4B and 4C) indicated that the appropriate mitigation ratio for three-parameter wetlands should be 2:1. Therefore, Mitigation Measure BIO-2 (Attachment 3A) requires the Mitigation Plan (Attachment 3K) to be updated to provide the recommended ratio and setbacks. BIO-2 and all other mitigation measures are incorporated into the conditions of approval (Condition of Approval A1).
Air Quality: The project will not conflict with or obstruct implementation of the applicable air quality plan. According to the Humboldt County General Plan (2017), unpaved road dust accounts for approximately 58.2% of the County’s PM10 emissions. While the driveway and some parking of the proposed project site is paved, some areas will be comprised of compacted, well-maintained gravel. Temporary air pollutant emissions may be associated with grading, excavation, and construction associated with the proposed improvements. To comply with the General Plan and NCUAQMD Rule 104, Section D - Fugitive Dust Emissions, the project design incorporates relevant control measures identified in the PM10 Attainment Plan for construction and operational activities. These measures are included as Mitigation Measure AQ-1 and incorporated into the permit conditions of approval (Condition of Approval Section B).
Tribal Consultation: The project was referred to the Bear River Band of the Rohnerville Rancheria, Wiyot Tribe, and Blue Lake Rancheria. Regional tribes were also invited to consult on the project through the AB52 process in October 2021 and again in July 2025. No tribes requested consultation. A Cultural Resource Investigation dated May 2021 conducted by William Rich and Associates was provided. The study as well as referral comments provided by the Blue Lake Rancheria Tribal Historic Preservation Officer recommended the standard inadvertent discovery protocol which has been included as a condition of approval (Condition of Approval D1).
Historical Resources: A barn constructed in the mid 1940’s is on the property. The Cultural Resources Investigation documented the barn and determined that it does not meet any of the criteria as a historical resource per section 15064.5 of CEQA.
Public Comment: Three public comments on the ISMND were received (Attachment 5). Comments and responses are summarized below.
Water Board Comments: 1) Staff concurs with the Water Board that the mapped three-parameter wetlands meet the criteria of a natural wetland, and they are treated as such for purposes of mitigation ratios; 2) Staff concurs with the Water Board that any stormwater entering a wetland created for mitigation must be treated before discharge. This is reflected in Mitigation Measure BIO-2 which requires the “…development of a stormwater management plan that includes measures to treat the stormwater bore it is discharged into any wetland;” 3) The comment states that permanent impacts to three-parameter wetlands call for a 2:1 mitigation ratio. Because the proposed project includes permanent impacts, a mitigation ratio of 2:1 for three parameter wetlands is required in Mitigation Measure BIO-2. This ratio was selected based on consultation with the Water Board found in the June 8, 2026 referral comments (Attachment 4B).
Culvert and Martin Road: This email posed two questions regarding the role of Martin Road in the new proposed access and the existing culvert under Martin Road. Regarding proposed new access, Martin Road will be completely separate from the proposed new “Ace Avenue” which will be exclusively on the project parcel. Additionally, the project scope includes replacing an existing damaged culvert under Matin Road.
Tomlinson Comment: This comment expresses concerns about parking, particularly employee parking on public streets. It also expresses concerns about ground disturbance causing moles or rats to migrate to neighboring properties. The proposed project includes 53,250 square feet of parking lot and gravel surface of approximately 38,770 square feet including 56 parking spaces. These improvements will increase the availability of onsite parking for employees and customers which should relieve pressure for employees and customers to park on street. Regarding the concerns about mole and rat migration, impacts to these species were not identified in any of the biological studies prepared by qualified professionals. Potential temporary or permanent changes to local rat and mole populations are not specifically considered under CEQA.
Environmental Review: Staff prepared a thorough environmental analysis which included the preparation of an IS/MND pursuant to the CEQA Statute (Public Resources Code 21000-21189) and Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387). With the proposed mitigations, any potential project impacts are reduced to below significant levels. The IS/MND was circulated for 30 days, and public comments received have been responded to above.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval (Attachment 4).
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1 - The Planning Commission could elect to add or delete conditions of approval. The Planning Commission could deny the project if unable to make all the required findings. Staff has concluded the required findings in support of the proposal can be made. Consequently, staff does not recommend further consideration of these alternatives.
2 - The Commission could also decide the project may have environmental impacts that would require further environmental review pursuant to CEQA. Staff did not identify any potentially significant unmitigable impacts.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Draft General Plan Amendment Resolution
C. Draft Zoning Reclassification Ordinance
2. Location Map
A. Site Plan
B. Proposed Lot Line Adjustment
C. General Plan Amendment and Zone Reclassification Maps
D. Pond Perspective
3. ISMND
A. Mitigation Monitoring and Reporting Program
B. Grading and Drainage Plan
C. Restoration Report Streamline March 2016
D. Wetland Delineation Streamline September 2014
E. Wetland Delineation SHN May 2020
F. Natural Resources Assessment SHN August 2019
G. Residential Upland Clearance Assessment Streamline November 2018
H. CalEEMod Emissions Results September 2024
I. Preliminary Retention and Detention Pond Sizing SHN November 2018
J. Biological Assessment Hohman March 2026
K. Wetland Mitigation and Monitoring Plan Hohman March 2026
L. Aquatic Resources Delineation Report Naiad January 2026
M. Botanical Survey Report Hohman March 2026
N. VMT Screening
4. Referral Agency Comments and Recommendations
A. Public Works Referral Comments
B. Water Board Referral Comments
C. CDFW Referral Comments
5. Public Comments on ISMND
A. Water Board ISMND Comments
B. Email Question Regarding Culvert and Martin Road
C. Tomlinson Comment
APPLICANT AND OWNER INFORMATION:
Applicant:
Black Dog Partnership, LP
Kevin Jenkins
2725 Central Ave.
McKinleyville CA 95519
Owner (APNs 510-081-001; 510-081-002):
Black Dog Partnership PT
2725 Central Ave.
McKinleyville CA 95519
Owner (APN 510-081-003):
Kevin Jenkins
2725 Central Ave.
McKinleyville CA 95519
Agent:
Allison Jackson
Harland Law Firm LLP
212 G Street Suite 201
Eureka CA 95501
Please contact Steven A. Santos, Senior Planner, at sasantos@co.humboldt.ca.us or (707)268-3749 for questions about this scheduled item.