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Humboldt supervisors continue appeal of Jacoby Creek parcel map after hours of testimony

5937124 · September 9, 2025
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Summary

The Board of Supervisors continued an appeal over a proposed subdivision of a 4.6-acre parcel near Jacoby Creek Road, directing planning staff to scope a broader review of community-plan policies and available technical data. The planning commission had denied the parcel map 6–1; the board voted 5–0 to continue the hearing to a date uncertain.

Humboldt County supervisors on Tuesday continued an appeal of a Planning Commission denial of a parcel map that would split a 4.6-acre property near Golf Course Road into a 1.4-acre lot and a 3.2-acre lot, saying staff should first scope whether community-plan and technical studies support changing long-standing limits on new parcels in the Jacoby Creek area.

The Planning and Building Department had recommended denial, and the Planning Commission voted 6–1 to deny the applicant’s parcel map request and associated variance to minimum-lot-size rules. Planning staff told the board the proposed subdivision could not meet variance findings because it would be inconsistent with the Jacoby Creek community plan and the Humboldt County General Plan’s density and service policies.

"Planning staff does not believe that the variance findings can be made," Cliff Johnson of the Planning and Building Department told the board, summarizing why the department opposed approval.

The applicant, Larry Henderson, argued the proposal is compatible with surrounding development and said department inaction on prior direction to update the Jacoby Creek plan left property owners trapped by policies that presume future public water and sewer. "We are the victims here, not the county," Henderson said, urging supervisors to grant relief or direct a plan update.

Supervisors questioned technical and precedent risks: several asked whether approving a sub-5-acre lot without public water and sewer would permit additional splits in the area, increasing septic and well impacts. Staff cited community-plan policies (including policies 26, 27 and 39) that limit subdivision density in Jacoby Creek to one dwelling per five acres unless public water and sewer are available; the county zoning minimum in the area is 2.5 acres per parcel. Planning staff said the Jacoby Creek plan contains findings tied to past concerns about failing septic systems and groundwater contamination.

Public commenters that live in the neighborhood told supervisors the subdivision would fit the established pattern and that soils and percolation tests had been submitted. A neighboring property owner, Brett Marth, told the board that existing lots in the immediate area are often smaller than the 2.5-acre zoning minimum and that a lot-line adjustment could create 2.5-acre parcels if the board chose that path.

After hours of presentation and public comment, Supervisor Arroyo moved to continue the hearing so the Planning Department can scope a broader review of the Jacoby Creek plan area, gather existing technical information, and return with a work program and cost estimate; Supervisor Wilson seconded. The board voted 5–0 to continue the matter to a date uncertain.

What the board asked staff to scope included whether the county should pursue a community-plan amendment or a more limited study focused on the Golf Course Road neighborhood, what technical work (well records, groundwater and wastewater studies, and a Fish and Wildlife site visit) would be required, an estimate of consultant or staff time and costs, and whether the likely outcome would materially increase housing supply.

No approval or denial of the parcel map occurred; the Planning Commission denial remains on the record and the applicant’s appeal remains pending. The board noted that if circumstances have materially changed since adoption of the Jacoby Creek policies — for instance, if the City of Arcata will not provide services — the appropriate long-term remedy is a plan amendment supported by technical studies.

The continuance preserves the applicant’s appeal while the department scopes the requested review and reports back to the board.