To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
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A Zone Reclassification from Agriculture General (AG-B-5(5)) and Timberland Production (TPZ) to Residential One Family (R-1) and Agriculture Exclusive (AE) with a Qualifying (Q) Combining Zone
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing, receive the staff report and public comment; and
2. Close the public hearing; and
3. Adopt the resolution (Attachment 1) which does the following:
a. Make the required findings for approval; and
4. Adopt the ordinance to reclassify from Agriculture General (AG-B-5(5)) and Timberland Production (TPZ) to Residential One Family (R-1) and Agriculture Exclusive (AE) with a Qualifying (Q) Combining Zone; and
5. Direct the Clerk of the Board to give notice of the decision to the applicant and any other interested party; and
6. Direct the Clerk of the Board, within 15 days after the adoption of the ordinance, to publish a post-adoption summary of the ordinance with the names of the Supervisors voting for and against the Ordinance, and to post in the office of the Clerk of the Board a certified copy of the full text of the adopted ordinance along with the names of those Supervisors voting for and against the Ordinance [Government Code section 25124(b)(1)].
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 1008 - Update General Plan ordinances for quality of environment
DISCUSSION:
Executive Summary
The Board is being asked to rezone an approximately 100-acre subject parcel to create consistency between the land use designations (Residential Low Density and Open Space) applied to the property as part of the 2017 General Plan update. The applicant is requesting a zone reclassification from Agriculture General (AG-B-5(5)) and Timberland Production (TPZ) to Residential One Family (R-1) and an Agriculture Exclusive (AE) with a Qualifying (Q) combining zone. Approximately 58.8 acres would be rezoned to R-1 and approximately 40 acres would be rezoned to AE-Q. The Qualifying (Q) combining zone limits the principally and conditionally permitted uses of the AE zone for greater consistency with the OS land use designation applied to the property as well as the existing site-specific conditions. The proposed Q zone would limit uses in the OS-designated areas to timber production, fish and wildlife habitat management, watershed management, and wetland restoration. A draft Q Zone Ordinance has been included as Attachment 2.
The land use boundary and proposed zoning boundary were designed to allow residential development on a level area with the new zoning boundary following the break in slope. The area designated AE-Q would consist of a slope where development would be undesirable.
The amendment would be in the public interest by allowing future residential development consistent with the General Plan. The proposed zone reclassification is also in the public interest because it would make the zoning of the property consistent with the underlying land use designation. Pursuant to Section 51120 of the California Government Code the reclassification out of TPZ will be effective 10 years after the date of approval. The rezone from AG-B-5(5) to Residential One Family will be effective 30 days after approval. The Planning Commission voted unanimously on May 21, 2026, to recommend that the Board approve the reclassification.
Location
The project site is in the Eureka area, on the south side of Eggert Road, approximately 1,500 feet south of the intersection of Ridgewood Drive and Eggert Road, on the property located in the Southwest Quarter of Section 14, Township 4 North, 1 West, Humboldt Meridian.
Present General Plan Land Use Designation
Open Space (OS), Density: N/A; Residential Low Density (RL1-7), Density: Range is 1 to 7 units per acre; Eureka Community Plan (ECP), 2017 General Plan, Slope Stability: Relatively Stable (0), Low Instability (1), Moderate Instability (3).
Present Zoning
Timberland Production (TPZ); Agriculture General (AG), Minimum building site area is 5 acres (B-5(5))
Environmental Review
The project can be found statutorily exempt from CEQA pursuant to Section 15183 which applies to projects consistent with a community plan or zoning. The proposed rezone is consistent with the General Plan designation.
Required Findings for Approval
The Zone Reclassification Petition is consistent with the required Zoning Ordinance findings and criteria.
To amend the Zoning of a property, the Board of Supervisors must make the following findings:
A. The change is in the public interest; and
B. The change is consistent with the General Plan; and
C. If the amendment requires a Local Coastal Plan Amendment, the amendment is in conformity with the policies of Chapter 3 of the Coastal Act; and
D. The proposed amendment does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law
The applicant contends the zone reclassification would be in the public interest by allowing for future residential development on-site, as expected under the General Plan based on the Residential Low Density land use designation and by limiting the future uses of the area planned Open Space specifically to open space uses. As part of the 2017 General Plan update the general plan designation of these properties was changed, and it was the intention of the County that the zoning designations would be amended in the future to be consistent with the updated plan designations. It is also in the public interest to create consistency between the zoning designations and general plan designations of property.
The applicant is proposing a zone reclassification from Agriculture General (AG-B-5(5)) and Timberland Production (TPZ) to Residential One Family (R-1) and Agriculture Exclusive (AE) with a Qualifying (Q) combining zone. The Q zone would limit all permitted uses in the Open Space areas to those that are compatible with the Open Space land use designation and with the site conditions, which are primarily steep slopes leading to riparian areas. These allowable uses, as proposed in the draft Q zone, would only be timber production, public access and recreation and fish and wildlife and habitat and watershed management.
The proposed zones would follow the associated general plan boundaries and are consistent with the underlying land use designations per Table4-H (Zoning Consistency Matrix-Inland) of the 2017 General Plan. Approximately 58.8 acres would be rezoned to R-1 and approximately 40 acres would be rezoned to AE-Q. Approximately 29 of these acres would be rezoned from AG-B-5(5) to R-1 and this would be effective 30 days after adoption of the ordinance. The remainder of the acreage that would be rezoned to R-1 is changing from TPZ and pursuant to Section 51120 of the California Government Code would be effective ten years after adoption of the ordinance. Similarly, portions of the land changing from AG-B-5(5) to AE-Q would be effective 30 days after adoption and the portions changing from TPZ to AE-Q would be effective ten years after adoption.
The proposed zone reclassification does not reduce the residential density for any parcel below that utilized by the Department of Housing and Community Development in determining compliance with housing element law. The parcel is not included in the 2019 Housing Element Inventory, and the proposed reclassification would allow increased opportunities for housing development as well as providing further protection for the lands designated Open Space.
SOURCE OF FUNDING:
The applicant is responsible for paying all actual costs involved in the processing of the application.
FINANCIAL IMPACT:
There will be no impact on the General Fund.
STAFFING IMPACT:
Processing this application has been accomplished with existing staffing.
OTHER AGENCY INVOLVEMENT:
The project was referred to County Counsel, Humboldt Community Services District, and PG&E. No concerns were raised by referral agencies.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could deny the application if it believes the required findings cannot be made. Based on the information available on file, the required findings can be made. Consequently, staff does not recommend further consideration of this alternative.
ATTACHMENTS:
Attachment 1: Resolution No___
Attachment 2: Ordinance
Attachment 3: Rezone Cover Letter
Attachment 4: Zone Consistency Matrix
Attachment 5: General Plan Designation Map
Attachment 6: Planning Commission Resolution
Attachment 7: Post-Adoption Summary of Ordinance
PREVIOUS ACTION/REFERRAL:
Meeting of: Planning Commission 5/21/2026
File No.: 26-502