###

PREVIOUSLY

• The Coastal Commission Will Again Consider Trinidad Rancheria’s Proposed Five-Story Hotel on Thursday, Focusing on the Adequacy of Fire Protection

###

The California Coastal Commission today voted unanimously to conditionally concur with a federal consistency determination for the Trinidad Rancheria’s long‑planned 100‑room, five‑story hotel, finding that — if new fire protection conditions are met — the project can be deemed consistent with the California Coastal Act.

Today’s hearing, which was narrowly focused on the adequacy of fire protection resources, was the result of an appellate court order resulting from a lawsuit by the Humboldt Alliance for Responsible Planning, or HARP.

Back in 2019, following a convoluted and confused hearing, the commission narrowly agreed to issue a conditional concurrence on the Bureau of Indian Affairs’ (BIA) consistency determination for a lease and federal loan guarantee to support the hotel next to the existing Heights Casino on Trinidad Rancheria trust land.

The condition, at the time, was that the Rancheria needs to find an adequate and reliable water supply for the proposed hotel. That condition remains unmet and must be remedied before the Coastal Commission gives its full blessing.

But HARP filed a lawsuit challenging that Coastal Commission decision, and while a trial court upheld the agency’s determination, an appellate court narrowly disagreed, affirming the commission on all issues except fire protection. The ruling said there was insufficient evidence on that front and ordered the commission to hold today’s new, narrowly tailored hearing.

As we reported in yesterday’s meeting preview, commission staff recommended again concurring with the BIA’s consistency determination, but only if the federal agency can secure a formal fire service agreement with CalFire, or a patchwork of local agencies, and submit a comprehensive fire protection plan for agency approval.

The Rancheria, for its part, has proposed a memorandum of understanding (MOU) with the county to formalize CalFire protection services and has offered to participate in a fire planning study for northern coastal Humboldt County. It has also agreed to purchase an aerial (hook and ladder) truck and create its own volunteer fire department that would serve both the hotel and the surrounding community.

In a staff report at the start of the hearing, environmental scientist Annie Rosen explained that the Trinidad area relies on a patchwork of career and volunteer fire departments, backed by mutual aid agreements among local agencies, while CalFire provides protection during peak fire season, plus off‑season coverage via a cooperative agreement (called an “Amador” agreement) with Humboldt County. That off-season coverage is not guaranteed, though.

The five-story height of the proposed hotel will require additional training and special apparatus, such as hook-and-ladder trucks. The Trinidad Rancheria recently purchased its own hook-and-ladder truck and is pursuing formation of a volunteer fire department.

Following staff recommendations, the commission today added two new conditions for its concurrence determination. First, before hotel construction can begin, either the BIA or the Rancheria must provide evidence of a finalized cost‑sharing MOU with the county for CalFire Amador services (or some other form of proof that CalFire service to the Rancheria will continue). Under this MOU, which is scheduled for consideration by the Humboldt County Board of Supervisors next month, the Rancheria would pay 20% of the county’s Amador costs. 

The second new condition requires the BIA or Rancheria to submit a two-phase fire protection plan to the Coastal Commission’s executive director for review and concurrence. The plan must include descriptions of available fire protection services, maps, security measures, etc. for both before and after construction. 

Trinidad Rancheria Vice Chairman Robert Hemsted, appearing via Zoom, emphasized the tribe’s status as a sovereign nation and said the Rancheria is being asked to go above and beyond what any other municipality or agency is required to do. The delays caused by government and court hearings have caused the cost of the hotel project to increase by 60% since 2018.

“We’re a small tribe; we’re not a rich tribe,” Hemsted said. “We’re in an economically depressed area. We are trying to make it sustainable for our community.”

He urged the commission to support staff recommendations.

HARP’s attorney J. Bryce Kenny, who also serves as Trinidad’s mayor pro-tem, argued that since the BIA never specifically analyzed the adequacy of the Rancheria’s fire protection resources, its 2019 consistency determination should be considered null and void. He referred to an unsigned letter from the BIA refuting that argument as a “post-hoc rationalization.”

“The machinery is running backwards,” he said.

Commission staff dismissed that argument, noting that the court didn’t overturn that prior determination and only remanded the matter on very narrow grounds. 

When the matter came to the commission for discussion, Commissioner Mike Wilson, who represents the Third District on the Humboldt County Board of Supervisors, took a metaphorical step back to give some context. He noted that the commission doesn’t have any permit authority over the project.

“The tribe is asking for a federal loan guarantee on the construction, and the BIA made a requirement that [the tribe] needed to conform to all these federal laws, including [California Coastal Zone Management Act],” Wilson said. “And that required us to do this assessment. If there was no federal loan guarantee as part of that project, we we wouldn’t be talking about this at all.”

Shortly after those comments, Commission Vice Chair Dr. Caryl Hart made a motion to adopt staff recommendations. There were no objections to unanimous consent on the motion.

Reached for comment via email, Kenny said he and the other members of HARP are not surprised by the decision.

“The interesting thing will be whether CalFire really wants to get in the hook and ladder business for one single five-story structure in all of northern Humboldt north of Arcata,” Kenny said via email.

We also reached out to Trinidad Rancheria Chief Executive Officer Jacque Hostler-Carmesin for comment but had not heard back by the time this post was published. 

###

CORRECTION: This story initially misspelled Robert Hemsted’s name. The Outpost apologizes for the error.