"On April 7, 2011, the Humboldt County Planning Commission approved Coastal Development Permit No. 10-06 and the associated Lot Line Adjustment....The approval by Humboldt County is inconsistent with the policies and standards of the certified I.CP including, but not limited to, policies and standards regarding (1) securing permits prior to development of a lot line adjustment and (2) protecting environmentally sensitive habitat areas..."The staff analysis supporting the approval of the subject lot line adjustment does not present evidence establishing a basis for the legality of the three legal parcels alleged to exist on the subject site. Instead, the analysis simply lists the alleged legal parcels and the "creation document" associated with each. ...it is not clear that coastal development permits ever were obtained for the LLA's or other land divisions that created the configuration of the existing APNs for which the County has now approved a further LLA. Therefore, the approved LLA development is inconsistent with with the LCP...because the findings for approval do not present the evidentiary basis that the necessary coastal development permit(s) was secured for the LLAs or other land divisions that established the subject APNs as presently ...configured prior to approval of CDP No-06/LLA No. 10-01."
"Protection of Environmentally Sensitive Habitat Areas
1) Wetlands and estuaries, including Humboldt Bay and the mouth of the Mad River.
2)Vegetated dunes along the North Spit to the Mad River and along the South Spit.
3)Rivers, creeks, gulches, sloughs and associated riparian habitats, including Mad River Slough, Ryan Slough, Eureka Slough, Freshwater Slough, Liscom Slough, Fay Slough, Elk River, Salmon Creek, and other streams."
"The County's approval is inconsistent with the Environmentally Sensitive protection policies of the LCP athat limit development within ESHA to only resource-dependent uses and requre that new development adjacent to ESHA be sited and designed to protect ESHA and to provide for its continuance."